"Since medical records were considered to be part of the "doctor/client privilege" neither they could be subpoenaed nor medical staff summoned and questioned, in order to build such a case."
His records were not subpoenaed - Rush's lawyers complaint is based on them not being subpoenaed.
Subpeoned, acquired, stolen, whatever.. the point is the same. The authorities think they have a right to access to his medical records, and the leftists agree.