[Iconoclast2]

The doctor who signed the affidavit saying the procedure was medically necessary put his own practice at issue. He can't testify like that without having the facts to back it up, and it is a miscarriage of justice to deny the Government the opportunity to prove him a liar. If he wants to withdraw the affidavit, and protect his patients from the unlikely event that someone could deduce their names from the medical history, so be it.

[HiTech RedNeck]

The doctor who signed the affidavit saying the procedure was medically necessary put his own practice at issue.

Yepperoonio, and the gummint will win (and I'm cheering for it in this case) even if it loses. If it turns out the gummint can't subpoena the facts, then it certainly can't be deemed to have lost on the facts. Nobody has to disprove an unrebuttable charge in a lawsuit.