RHODE ISLAND — U.S. District Judge Mary McElroy referred Justice Department lawyers for possible disciplinary action. The referral concerned their investigation into transgender youth care at a hospital in Rhode Island.
The U.S. District Court for the District of Rhode Island quashed an administrative subpoena that the department had issued to Rhode Island Hospital. The subpoena requested medical records for minor transgender patients who received care at the hospital.
Judge McElroy accused department lawyers of misrepresenting facts under oath and withholding information from her court and from a federal court in Texas. She stated that Rhode Island Hospital representatives had previously responded to a department email regarding search terms for subpoena compliance. Judge McElroy said, "DOJ has proven unworthy of this trust at every point in this case."
A federal court in Texas had previously granted the department's petition to enforce the administrative subpoena against the hospital. That court ordered the hospital to produce all records covered by the subpoena in late April. Rhode Island Hospital filed an appeal against the Texas federal court's enforcement order.
Department attorney Lisa Hsiao submitted a court declaration stating that the hospital failed to comply with the subpoena and stopped communicating with the department in February. Hsiao and other government lawyers assigned to the investigation are based in Washington, D.C. The department maintained its attorneys acted appropriately. The U.S. Department of Justice stated, "Our attorneys did not misrepresent facts, withhold relevant information, or otherwise mislead the Court." The U.S. Department of Justice Civil Division added, "The Civil Division has thoroughly reviewed the District Court's allegations and concluded that they are without merit."