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Lawyers Slam DOJ’s “Insane” Online Gag Order Against Texas Doctor Who Exposed Controversial Practices on Children

Dr. Haim with short brown hair wearing green scrubs and a wireless earbud.

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The Biden-Harris administration seems determined to do a little more damage to free speech while on the way out and one example is the Department of Justice (DOJ) trying to impose a gag order on Dr. Eithan Haim.

Perhaps it’s the haste of it all but a filing to support the request for the gag order cites a number of X posts that Haim should be prevented from reposting, the inclusion of which has variously been described by their authors as “absolutely insane,” “unbelievable,” etc. move by the DOJ.

This new filing comes in the case United States v. Haim, where the doctor – a Texas Children’s Hospital whistleblower, who revealed some controversial transgender medical practices – is sued for alleged felony violation of HIPAA by exposing sensitive information.

We obtained a copy of the filing for you here.

Tweet from Eithan Haim MD discussing concerns with a DOJ gag order citing "online bullying," and criticizing what he views as modern political hypocrisy and state overreach. Includes a highlighted excerpt from a government document.

However, those critical of the indictment consider it as yet another attempt to silence dissent and retaliate against Haim. The latest filing doesn’t do anything to dispel that impression: now the DOJ wants to stop him from reposting the many X posts from prominent figures critical of the department as corrupt, and of the prosecution as a way to silence this medical professional.

But the DOJ is asking a federal court in Texas to impose the gag order to prevent Haim, and his attorney, from making “inflammatory and unfairly prejudicial statements” that supposedly are “substantially likely” to prevent a fair trial.

What these posts contain is criticism and opinion freely expressed on X, including by Haim who has been trying to clear his name and expose what he believes is the DOJ’s attempt to intimidate and silence him as a whistleblower about transgender surgeries on minors.

Among the posts is that published half a year ago by Mike Benz, who urged “changing the guard of this corrupt Justice Department” that he mockingly referred to as “Merrick’s Mafia.”

A tweet by Mike Benz criticizing the Justice Department for allegedly using his tweet to place a gag order on a surgeon exposing secret transgender surgeries. The tweet includes a retweet by Eithan Haim MD referencing it as evidence in a criminal trial, and a tweet by Christopher F. Rufo discussing charges against the doctor.

One of the whistleblower’s own posts is also cited in the DOJ filing, designed to provide proof that it is necessary to silence him on the platform. Six months ago he posted that the DOJ “wanted to intimidate me into silence using every technique the federal leviathan had at their disposal.”

But, according to the DOJ, these examples of freely expressed opinion and criticism could fatally undermine the trial against Haim.

X itself tried to oppose the gag order, but that motion was denied.

“While the prosecution tries to make it sound like its gag order is reasonable, it would completely prevent Dr. Haim or his counsel from criticizing the prosecution, no matter how correct the criticism,” Haim’s legal team said.

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