subpoena

PROVIDENCE, R.I. — A federal judge has blocked the Trump administration’s sweeping demands for confidential transgender patient information from Rhode Island’s largest hospital that provides gender-affirming care to minors.

U.S. District Judge Mary McElroy’s Wednesday ruling is the latest setback for the U.S. Department of Justice, where at least seven other federal courts have agreed to quash or limit the expansive civil subpoenas sent to more than 20 doctors and hospitals last summer.

McElroy’s decision also echoed similar concerns raised by judges surrounding the expansive scope of the subpoenas, describing the Justice Department as having “immense prosecutorial authority and discretion” but no longer trustworthy it will enforce its power fairly and honestly.

“DOJ has proven unworthy of this trust at every point in this case,” McElroy wrote.

A Justice Department spokesperson said Thursday that it would appeal and continue with its investigations.

“The Rhode Island court’s attack on the professionalism and integrity of DOJ attorneys is outrageous and unjustified,” the department said.

According to the subpoenas, the Justice Department had demanded Rhode Island Hospital hand over the birth dates, Social Security numbers and addresses of every patient who received transgender care over the past five years. It also included instructions to provide all documents detailing adverse side effects in minor patients who received gender-related care, assessments that formed the basis for prescribing puberty blockers or hormone therapy, as well as patient intake forms and guardian authorization.

The Justice Department has repeatedly argued that the information sought in the subpoenas is needed to investigate possible fraud or unlawful off-label promotion of drugs. Most recently during a hearing in Rhode Island, the DOJ said that the investigation was taking place in the Northern District of Texas, where the court’s chief judge ordered Rhode Island Hospital to comply with the subpoena before McElroy’s decision voided the subpoena.

Assistant U.S. Atty. Brantley Mayers told McElroy during the hearing that the Justice Department is investigating potential “misbranding” of drugs approved by the U.S. Food and Drug Administration, such as puberty blockers for young people. While off-label prescribing is legal, Mayers said that the DOJ is concerned that pharmaceutical companies are providing “financial incentives” to Rhode Island doctors to prescribe the drugs.

The subpoenas were crucial in getting the names of children and their families so the Justice Department could interview them.

McElroy rejected that argument.

“The administration has publicly characterized gender-affirming care for minors as abuse, directed the DOJ to bring its practice to an end, and celebrated when hospitals curtailed such programs as a result of this subpoena campaign,” McElroy wrote.

The Rhode Island decision is the latest development in the fight over transgender youth health records. Earlier this week, 11 families filed a class-action lawsuit seeking to block the Justice Department from obtaining the documents. The lawsuit, filed in Maryland’s federal court, is backed by families with transgender children who have received care from hospitals across the U.S.

And separately, a New York hospital announced that it received a grand jury subpoena from federal prosecutors in Texas seeking information about children who received gender-affirming care and the medical providers who administered it.

NYU Langone is the first hospital system to publicly acknowledge receiving a subpoena for such records as part of a federal criminal investigation. But the institution said in its statement Tuesday it was one of several that received a subpoena out of the Northern District of Texas on May 7. It said it was deciding on how to respond.

“The government cannot use its subpoena power to intimidate families out of seeking lawful medical care. To trans and gender-diverse children and their families, we want you to know that you are valued, you are not alone,” Kevin Love Hubbard, an attorney with the Lawyers’ Committee of Rhode Island, who represented the plaintiffs in the case, said in a statement.

Gender-affirming care includes a range of medical and mental health services to support a person’s gender identity, including when it’s different from the sex they were assigned at birth. It may include counseling, medications that block puberty, hormone therapy to produce physical changes or surgeries to transform chests and genitals, although those are rare for minors.

Most major medical groups say access to the treatment is important for those with gender dysphoria and see gender as existing along a spectrum.

At least 27 states have adopted laws restricting or banning the care for minors, while several others have adopted laws or policies protecting access to transgender healthcare.

Kruesi writes for the Associated Press.

ATLANTA — The Department of Justice is seeking the names of every person who worked in the 2020 election in Georgia’s Fulton County, a Democratic stronghold that Donald Trump has long accused of widespread voter fraud he falsely says cost him victory against Joe Biden in the state that year.

Lawyers for the county filed a motion on Monday night to quash a grand jury subpoena that asks for the names and personal contact information of county employees and volunteer poll workers. This latest action comes after the FBI in January went to a Fulton County elections warehouse and seized ballots and other documents from the 2020 election, which Georgia’s certified totals showed Trump lost in the state to Biden by 11,779 votes out of nearly 5 million cast. Trump, a Republican, still insists the election was stolen from him even though judges and his own attorney general concluded otherwise.

Monday’s court filing says the subpoena is meant to “target, harass and punish the President’s perceived political opponents.” The request is “grossly overbroad and untethered to any reasonable need,” the county’s lawyers argue. It “cannot yield any evidence that could result in a criminal prosecution,” they wrote, arguing that the statute of limitations on any federal crime related to the 2020 election has already expired.

The Justice Department did not immediately respond to an email seeking comment Tuesday.

County Board of Commissioners Chairman Robb Pitts, in an emailed statement, called the subpoena “yet another act of outrageous federal overreach designed to intimidate and chill participation in elections.”

“Let me be crystal clear. Fulton County will not be intimidated,” said Pitts, a Democrat who’s running for reelection.

Since the 2020 election, Trump “has obsessively propagated the debunked conspiracy theory that Fulton County ‘stole’ the 2020 election from him,” the county’s lawyers wrote. “And he has made it clear that he seeks retribution against those who refuse to indulge his baseless claims.”

Trump has already targeted individual poll workers like Ruby Freeman, who was attacked by him and his supporters after the election. Freeman, who’s Black, has said she was forced to flee her home after false claims of election fraud against her led to racist threats and strangers showing up at her home.

The grand jury subpoena, dated April 17, was served on the county’s director of elections on April 20, the county’s court filing says. It seeks the “name, position/function, residential and email addresses, and personal telephone number(s)” for thousands of election workers “ranging from county employees who assisted on election day, to bus drivers who operated a mobile voting location, to volunteers and temporary poll workers,” the filing says.

The subpoena “is a chilling escalation in the campaign to terrorize Fulton County election workers,” the county’s lawyers wrote, adding that threats arising from the current political environment have caused election workers to “fear for their physical safety.” That and other stresses “including the likelihood of being scapegoated by public officials” are causing election workers to leave their jobs “in unprecedented numbers,” they wrote.

The county’s lawyers note that the subpoena directs the county to provide the records not to the grand jury but to an out-of-state Justice Department lawyer or to the FBI agent who wrote the affidavit used for the seizure of the county’s 2020 ballots in January.

The January seizure of the ballots and other records from Fulton County was one in a string of moves by Trump’s administration to obtain past election records from critical swing states. The FBI in March used a subpoena to get records related to an audit of the 2020 presidential election in Maricopa County in Arizona. And the Justice Department in April demanded that Michigan’s Wayne County turn over its ballots from the 2024 election, which Trump won against Biden’s vice president, Kamala Harris.

The Justice Department is also fighting numerous states in court for access to voter data that includes sensitive personal information. Election officials, including some Republicans, have said handing over the information would violate state and federal privacy laws.

Brumback writes for the Associated Press.

WASHINGTON — The Justice Department has subpoenaed several witnesses to testify before a federal grand jury in Washington as part of its investigation into former CIA Director John Brennan, three people familiar with the matter said Monday.

The subpoenas were issued in recent days and represent an effort by the Justice Department to press forward with the investigation even as a Florida-based career prosecutor who’d been helping lead the inquiry left the case after expressing doubts about the legal viability of a potential prosecution.

A former Justice Department lawyer who served as a top prosecutor in the 1980s and later supported legal efforts by President Trump to overturn his 2020 election loss has since been sworn in to serve as a special counselor to the attorney general, and is expected to work on the investigation.

The months-old Brennan investigation is one of several criminal probes the Justice Department has opened over the last year against Trump’s perceived adversaries. It centers on one of the Republican president’s chief grievances — a U.S. intelligence community finding that Russia interfered on his behalf during his successful 2016 presidential campaign.

The subpoenas were described by people with knowledge of them who spoke on condition of anonymity to the Associated Press to discuss an ongoing criminal investigation. At least three were said to have been issued, said two of the people. CBS News earlier reported the issuance of subpoenas.

Brennan served as CIA director under President Obama and was in that role when the intelligence community in January 2017 published an assessment detailing Russian interference aimed at helping Trump defeat Democratic nominee Hillary Clinton in 2016. An investigation led by special counsel Robert S. Mueller III concluded that Russia meddled on Trump’s behalf and that his campaign welcomed the assistance, but it did not find sufficient evidence to prove a criminal conspiracy.

The Justice Department last year received a criminal referral from Rep. Jim Jordan of Ohio, the Republican chairman of the House Judiciary Committee, alleging that Brennan made false statements before the panel in 2023 about the preparation of the intelligence community assessment. Brennan and his lawyers have vigorously denied any wrongdoing.

The investigation has been unfolding for months in Florida, with investigators having lined up interviews and issued subpoenas for records. The latest subpoenas seek grand jury testimony in Washington, an indication that prosecutors expect they would have to bring any criminal case in Washington since that is where Brennan’s testimony took place.

On Friday, it was revealed that a key national security prosecutor in Florida who’d been handling the investigation, Maria Medetis Long, left the case. She expressed doubts about the case and was removed, another person familiar with the matter said.

The Justice Department since then has tapped Joseph diGenova, 81, a Trump loyalist who served as the U.S. attorney in Washington for part of the 1980s, to serve as a special counselor to the attorney general. He was sworn in Monday in Florida and is expected to work on the Brennan investigation.

DiGenova supported Trump’s false claims that the 2020 election was stolen from him. He made headlines that year when he said Chris Krebs, a top Trump administration cybersecurity official who said the election was not tainted by fraud, should be killed. DiGenova later apologized and a lawsuit filed against him by Krebs was withdrawn.

Tucker writes for the Associated Press. AP writer Alanna Durkin Richer in Washington contributed to this report.