{"id":151200,"date":"2026-05-14T15:15:43","date_gmt":"2026-05-14T23:15:43","guid":{"rendered":"https:\/\/xira.com\/p\/2026\/05\/14\/doj-gets-nuked-by-ri-judge-for-appalling-lack-of-candor\/"},"modified":"2026-05-14T15:15:43","modified_gmt":"2026-05-14T23:15:43","slug":"doj-gets-nuked-by-ri-judge-for-appalling-lack-of-candor","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2026\/05\/14\/doj-gets-nuked-by-ri-judge-for-appalling-lack-of-candor\/","title":{"rendered":"DOJ Gets Nuked By RI Judge For \u2018Appalling\u2019 Lack Of Candor"},"content":{"rendered":"

Chat, is it good when a court says \u201cThis reckless disregard for the duty of candor owed to a federal court is appalling?\u201d What about if it drops to a footnote that notes that this is \u201cnot the first time\u201d the lawyer in question \u201cacted in ways that appear to deviate from the norms of professional conduct?\u201d And did we mention this lawyer works for the DOJ?<\/p>\n

The lawyer in question, Lisa Hsiao, Acting Director of the Enforcement & Affirmative Litigation Branch (EALB) at Main Justice in DC, is leading the charge to harass trans kids and their medical providers. Their theory is that off-label use of drugs somehow invalidates the label and \u2026 something something<\/em> \u2026 hand over patient medical records, including social security numbers, diagnoses, and treatment protocols. Except the Food, Drug, and Cosmetic Act (FDCA) specifically protects medical providers\u2019 authority \u201cto prescribe or administer any legally marketed device to a patient for any condition or disease within a legitimate health care practitioner-patient relationship,\u201d which is why court<\/a>\u00a0after\u00a0court<\/a>\u00a0quashed<\/a>\u00a0the subpoenas. <\/p>\n

And so Hsaio and her subordinates practiced some self-help<\/a>. Despite the fact that the subpoenas issued from DC, they decided to \u201clocate\u201d their investigation in the Northern District of Texas, so as to avail themselves of the hospitality of the courthouse in Fort Worth, home of Judges Reed O\u2019Connor and Mark Pittman. On April 30, the DOJ filed a petition to enforce<\/a> a subpoena for records served on Rhode Island Hospital, some 1,700 miles away. Hours later, Judge O\u2019Connor granted it, without even allowing the hospital the chance to reply. The hospital moved<\/a> to stay enforcement, and the court refused, based on \u201cthe Government\u2019s representation in the initial Hsiao Declaration.\u201d The Fifth Circuit was no more sympathetic.<\/p>\n

At the same time, the Child Advocate for the State of Rhode Island, which is designated by statute to represent the interests of children in state custody, and the hospital moved to quash<\/a> the subpoenas in the District Court of Rhode Island. The case was assigned to Judge Mary McElroy, who did more than simply credit \u201cthe Government\u2019s representations.\u201d <\/p>\n

She noted that the government\u2019s filings in Texas and Rhode Island falsely implied that the hospital had simply walked away from negotiations over compliance.<\/p>\n

\u201cThis representation that the communication with RIH had ceased as of February 4, 2026, was clearly misleading, if not utterly false,\u201d Judge McElroy wrote<\/a>, adding that \u201cjust the day before filing the declaration containing this representation the attorneys for RIH had sent an email in response to DOJ\u2019s request for a conference to discuss the terms provided in the February 4th email.\u201d<\/p>\n

But wait, there\u2019s more:<\/p>\n

\n

DOJ has proven unworthy of this trust at every point in this case. It has misrepresented and withheld information to both this Court and the United States District Court for the Northern District of Texas (the \u201cTexas court\u201d). It did so in an obvious effort to shield it\u2019s recent investigative tactics\u2014previously rejected by every other court to review them\u2014from this Court\u2019s review, in favor of a distant forum that DOJ deems friendly to its political positions. Its representatives have, under oath, misrepresented salient facts. It has misled the parties with whom it was negotiating in Rhode Island, who have now been placed in an untenable and unprecedented procedural position. And when its attorneys came to this Court to explain their conduct, the senior attorney\u2014who was present at many of the events that took place in this case\u2014sat silently by as his counterpart, a junior attorney who has been practicing law for approximately six months and had no relevant information, was forced to answer questions about DOJ\u2019s blatant disregard for the proper course of negotiations.<\/p>\n<\/blockquote>\n

The \u201cjunior attorney\u201d was Brantley Meyers<\/a>, who joined the DOJ\u2019s Civil Division last fall after three clerkships and has currently entered his appearance on at least 20 cases. The \u201csenior attorney\u201d was Jordan Campell<\/a>, whose official bio states that he \u201cco-founded Campbell Miller Payne, PLLC, the first and only firm dedicated to exclusively representing detransitioners and victims of radical gender ideology.\u201d And yet, with all his real world experience, he chose not to argue this case. Huh! (It\u2019s probably just a coincidence that Acting AG Todd Blanche is going to war with state bars over their right to discipline DOJ lawyers.)<\/p>\n

Judge McElroy granted the petitioners\u2019 request and nixed the subpoenas. She reasoned that this did not conflict with Judge O\u2019Connor\u2019s order, as \u201cThis Court quashes the administrative subpoena \u2014 the instrument issued by the DOJ \u2014 not the enforcement order entered by the Texas Court.\u201d\u00a0<\/p>\n

Naturally the government has appealed. But its Texas adventurism continues. According to the New York Times<\/a>, NYU Langone got a grand jury subpoena from the Western District of Texas for the medical records of trans kids in its care.<\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n<\/p>\n<\/p>\n<\/p>\n

The post DOJ Gets Nuked By RI Judge For \u2018Appalling\u2019 Lack Of Candor<\/a> appeared first on Above the Law<\/a>.<\/p>\n

Chat, is it good when a court says \u201cThis reckless disregard for the duty of candor owed to a federal court is appalling?\u201d What about if it drops to a footnote that notes that this is \u201cnot the first time\u201d the lawyer in question \u201cacted in ways that appear to deviate from the norms of professional conduct?\u201d And did we mention this lawyer works for the DOJ?<\/p>\n

The lawyer in question, Lisa Hsiao, Acting Director of the Enforcement & Affirmative Litigation Branch (EALB) at Main Justice in DC, is leading the charge to harass trans kids and their medical providers. Their theory is that off-label use of drugs somehow invalidates the label and \u2026 something something<\/em> \u2026 hand over patient medical records, including social security numbers, diagnoses, and treatment protocols. Except the Food, Drug, and Cosmetic Act (FDCA) specifically protects medical providers\u2019 authority \u201cto prescribe or administer any legally marketed device to a patient for any condition or disease within a legitimate health care practitioner-patient relationship,\u201d which is why court<\/a>\u00a0after\u00a0court<\/a>\u00a0quashed<\/a>\u00a0the subpoenas. <\/p>\n

And so Hsaio and her subordinates practiced some self-help<\/a>. Despite the fact that the subpoenas issued from DC, they decided to \u201clocate\u201d their investigation in the Northern District of Texas, so as to avail themselves of the hospitality of the courthouse in Fort Worth, home of Judges Reed O\u2019Connor and Mark Pittman. On April 30, the DOJ filed a petition to enforce<\/a> a subpoena for records served on Rhode Island Hospital, some 1,700 miles away. Hours later, Judge O\u2019Connor granted it, without even allowing the hospital the chance to reply. The hospital moved<\/a> to stay enforcement, and the court refused, based on \u201cthe Government\u2019s representation in the initial Hsiao Declaration.\u201d The Fifth Circuit was no more sympathetic.<\/p>\n

At the same time, the Child Advocate for the State of Rhode Island, which is designated by statute to represent the interests of children in state custody, and the hospital moved to quash<\/a> the subpoenas in the District Court of Rhode Island. The case was assigned to Judge Mary McElroy, who did more than simply credit \u201cthe Government\u2019s representations.\u201d <\/p>\n

She noted that the government\u2019s filings in Texas and Rhode Island falsely implied that the hospital had simply walked away from negotiations over compliance.<\/p>\n

\u201cThis representation that the communication with RIH had ceased as of February 4, 2026, was clearly misleading, if not utterly false,\u201d Judge McElroy wrote<\/a>, adding that \u201cjust the day before filing the declaration containing this representation the attorneys for RIH had sent an email in response to DOJ\u2019s request for a conference to discuss the terms provided in the February 4th email.\u201d<\/p>\n

But wait, there\u2019s more:<\/p>\n

\n

DOJ has proven unworthy of this trust at every point in this case. It has misrepresented and withheld information to both this Court and the United States District Court for the Northern District of Texas (the \u201cTexas court\u201d). It did so in an obvious effort to shield it\u2019s recent investigative tactics\u2014previously rejected by every other court to review them\u2014from this Court\u2019s review, in favor of a distant forum that DOJ deems friendly to its political positions. Its representatives have, under oath, misrepresented salient facts. It has misled the parties with whom it was negotiating in Rhode Island, who have now been placed in an untenable and unprecedented procedural position. And when its attorneys came to this Court to explain their conduct, the senior attorney\u2014who was present at many of the events that took place in this case\u2014sat silently by as his counterpart, a junior attorney who has been practicing law for approximately six months and had no relevant information, was forced to answer questions about DOJ\u2019s blatant disregard for the proper course of negotiations.<\/p>\n<\/blockquote>\n

The \u201cjunior attorney\u201d was Brantley Meyers<\/a>, who joined the DOJ\u2019s Civil Division last fall after three clerkships and has currently entered his appearance on at least 20 cases. The \u201csenior attorney\u201d was Jordan Campell<\/a>, whose official bio states that he \u201cco-founded Campbell Miller Payne, PLLC, the first and only firm dedicated to exclusively representing detransitioners and victims of radical gender ideology.\u201d And yet, with all his real world experience, he chose not to argue this case. Huh! (It\u2019s probably just a coincidence that Acting AG Todd Blanche is going to war with state bars over their right to discipline DOJ lawyers.)<\/p>\n

Judge McElroy granted the petitioners\u2019 request and nixed the subpoenas. She reasoned that this did not conflict with Judge O\u2019Connor\u2019s order, as \u201cThis Court quashes the administrative subpoena \u2014 the instrument issued by the DOJ \u2014 not the enforcement order entered by the Texas Court.\u201d\u00a0<\/p>\n

Naturally the government has appealed. But its Texas adventurism continues. According to the New York Times<\/a>, NYU Langone got a grand jury subpoena from the Western District of Texas for the medical records of trans kids in its care.<\/p>\n

\n

Liz Dye<\/a>\u00a0produces the Law and Chaos\u00a0Substack\u00a0<\/a>and\u00a0podcast<\/a>.<\/strong><\/em>\u00a0You can subscribe by clicking the logo:<\/strong><\/em><\/p>\n

\"\"<\/a><\/figure>\n<\/p>\n<\/p>\n<\/p>\n

The post DOJ Gets Nuked By RI Judge For \u2018Appalling\u2019 Lack Of Candor<\/a> appeared first on Above the Law<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Chat, is it good when a court says \u201cThis reckless disregard for the duty of candor owed to a federal court is appalling?\u201d What about if it drops to a footnote that notes that this is \u201cnot the first time\u201d the lawyer in question \u201cacted in ways that appear to deviate from the norms of […]<\/p>\n","protected":false},"author":3,"featured_media":151201,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-151200","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2026\/05\/law-and-chaos-logo-liz-dye-300x153-N4WEn6.jpg?fit=300%2C153&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/151200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=151200"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/151200\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/151201"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=151200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=151200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=151200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}