Failla pointed to those rulings on Wednesday, saying prosecutors were clearly attempting to get around the adverse rulings by now using grand jury subpoenas, which are generally more difficult to block in court.
“Undeterred by its disastrous showing in the courts, DOJ decided to issue nearly identical document requests in the form of grand jury subpoenas,” she said, going on to criticize the government’s “efforts to recast discredited civil administrative subpoenas as grand jury subpoenas from a hand-picked, far-away jurisdiction in order to minimize judicial review of constitutional infirmities.”
“Patients and families trust their doctors with their most intimate, private information and should trust in turn that this information will be protected from impermissible and harassing demands for disclosure from the federal government or anyone else,” ACLU attorney Strangio said in a statement.
Temporary injunction in place through court proceedings
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