Posted on 01/30/2025 4:49:36 AM PST by MtnClimber
Among the features, not bugs, of the Harris/Biden maladministration was putting the full force of the federal government behind every LGBTQ issue, with a double helping of trans. Biden’s handlers were determined that the overwhelming majority of the American public surrender its rights and the privacy and safety of its girls and women to a tiny minority of mentally ill men who thought they were women. Worse, the Biden/Garland DOJ was fiercely determined to support the surgical and chemical mutilation of children in the name of “gender affirming care.” Woe betide any who got in their way, like Dr. Eithan Haim, an honest man who had the misfortune to do part of his residency at Houston’s Texas Children’s Hospital.
Haim was the subject of an ongoing criminal case brought by the Biden Department of Justice (DOJ) after he leaked documents to the media that revealed Texas Children's Hospital in Houston was performing transgender medical procedures on minors through May 2023. Hospital leadership had announced it had stopped providing sex-change surgeries and puberty blockers the year before, after Texas Attorney General Ken Paxton ruled it constituted child abuse under state law.
This enraged the DOJ, who immediately charged Haim with violating the Health Insurance Portability and Accountability Act (HIPAA) by releasing information about children still being abused by the hospital. It’s legal to disclose protected information to stop serious medical misconduct, but that was of no concern to the DOJ. It was quickly discovered that the information Haim provided fully redacted the names and other identifying information of the children. There was no way to know who the children or their parents were. He didn’t violate HIPAA. That didn’t matter to the DOJ, who tried to sidestep...
(Excerpt) Read more at americanthinker.com ...
So long as it was “only” SCOTUS decision, there’s always a chance to overturn it with good argument and data, no?
I think PDJT is pretty good at choosing lawyers. Let’s see what happens.
From Deep seek
Prosecutors generally enjoy absolute immunity for actions integral to the judicial process, such as initiating prosecutions and presenting cases in court. However, exceptions exist when their actions fall outside these core functions. Here are the key exceptions, supported by relevant case law:
1. **Administrative or Managerial Tasks**:
- **Example**: Hiring, training, or supervising staff.
- **Case**: *Van de Kamp v. California* (2009) held that absolute immunity does not extend to administrative duties unrelated to courtroom advocacy.
2. **Investigative Functions**:
- **Example**: Personally participating in evidence gathering or police-like activities during the investigative phase.
- **Case**: *Buckley v. Fitzsimmons* (1993) distinguished between advocacy (immune) and investigation (not immune), denying immunity for fabricating evidence pre-indictment.
3. **Legal Advice to Police**:
- **Example**: Advising law enforcement during investigations, leading to constitutional violations.
- **Case**: *Burns v. Reed* (1991) limited immunity for out-of-court legal advice, allowing liability if it causes harm.
4. **Fabrication of Evidence**:
- **Example**: Creating or falsifying evidence during the investigative phase.
- **Case**: *Buckley* again emphasized that such acts, if done before judicial proceedings, are not protected.
5. **Public Statements**:
- **Example**: Making defamatory or false statements to the media.
- **Case**: *Buckley* ruled that press statements unrelated to court proceedings are not shielded.
6. **Non-Judicial Functions**:
- **Example**: Acting outside the scope of prosecutorial duties, such as retaliation against whistleblowers.
- **Case**: *Hartman v. Moore* (2006) allowed claims if plaintiffs prove retaliation motivated prosecution without probable cause.
7. **Qualified Immunity for Non-Core Actions**:
- When prosecutors act outside judicial functions, they may face qualified immunity, which requires proving they violated “clearly established” rights.
8. **Criminal or Unlawful Conduct**:
- While rare, prosecutors can face criminal charges or disciplinary action for intentional misconduct, even if civil immunity applies.
**Important Notes**:
- Absolute immunity does not protect against claims for injunctive relief (e.g., *Supreme Court of Virginia v. Consumers Union*, 1980).
- Misconduct during trial (e.g., using fabricated evidence) may still be immune if tied to advocacy, emphasizing the phase (investigative vs. judicial) as critical.
These exceptions ensure accountability while balancing the need for prosecutors to perform their duties without constant fear of litigation.
Look at public statements by prosecutors.
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