[antiRepublicrat]

But if they get them by subpoena, they have to have a hearing at which time the defense has a chance to present their objections.

That was a procedural error that was caught and fixed, but Rush's lawyer is still trying to keep them from seeing the records, citing a non-existent right to privacy in a criminal case.

[eno_]

Forgetting to have a subpeona hearing is kind of a whopper of a "procedural error."

Did they remember to wear pants that day?

[Trust but Verify]

How was that caught and fixed? They had already obtained the records using the wrong procedure. In order to obtain the search warrant, they represented the names of the different doctors Rush saw, but apparently did not reveal to the court these doctors were in the same practice, thus blowing a big whole in their doctor shopping theory.