Recently unsealed evidence shows that the DOJ and FBI had evidence of my husband’s (@eithanhaim) innocence 10 months before they indicted him, but they ignored it and did it anyway. ��
As reported by Fox News today (@kendall_tietz), the court unsealed two key pieces of evidence that were previously attached to a defense motion. This is the first time the public can see some of the documents that upend the DOJ’s entire theory of the case.
For context, when Eithan was indicted back in June, the DOJ’s case was that he was officially assigned to another hospital at the time, and allegedly had “no reason” to be accessing Texas Children’s Hospital (TCH) medical records. The evidence shows they were so wrong that I honestly can’t explain it other than monumental incompetence (or, of course, bad faith).
(1) On August 30, 2023, TCH, through its counsel BakerHostetler, wrote a letter to HHS regarding its investigation of the alleged HIPAA breach at TCH. In it, they state unequivocally, Eithan “had approved and authorized access to TCH’s [electronic medical records]” and “TCH’s policies and procedures were followed” when he was granted access by the hospital. They also showed that he was providing coverage for patients at TCH during the relevant time period.
(2) The DOJ’s indictment apparently relied on testimony from a plastic surgeon, Dr. Larry Hollier, that Eithan had “no documented reason to access the TCH system.” Hollier never met Eithan, wasn’t even in the same specialty, and his statements were obviously contradicted by TCH’s letter. Btw, this guy also happens to sit on the board of TCH.
After being forced to acknowledge that Eithan was actually treating patients at TCH, the DOJ basically conceded that they presented false information to the grand jury. Oops! But they want us (and the court) to believe that it’s all totally fine because they say they didn’t do so “knowingly.”
One would think that presenting false information to a grand jury, whether knowingly or unknowingly, would force the DOJ to scrap this case like the garbage it is. Especially when that information is central to their theory of the case.
But no! They’re doubling down. They have gotten two more indictments since then on increasingly insane legal theories. And just as this was being exposed, they moved to gag Eithan from talking about it. That’s why I’m speaking out. See below for details (1/5).
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(2/5) DOJ claims that Eithan accessed the system "without authorization", but TCH’s own letter to HHS states unambiguously that he was authorized.
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(3/5) DOJ claims that Eithan requested access to TCH records under “false pretenses.” They initially said this was because he had no patients at TCH. But TCH’s own internal investigation showed that he did, and they communicated that to HHS.
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(4/5) They admitted that their indictment was based on the testimony of Dr. Larry Hollier, a plastic surgeon (different specialty) who never even met Eithan. He said Eithan had no “documented reason” to be accessing the records at TCH…but again, TCH said something different to HHS. Obviously his testimony was factually incorrect, and DOJ ignored the contradicting evidence.
And the three people at Hollier’s interview were the same people who knew (or should have known) of TCH’s HHS letter for 10 months: Tina Ansari (former DOJ lead prosecutor), Paul Nixon (FBI agent), and TCH’s counsel (BakerHostetler).
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(5/5) As Eithan’s counsel wrote in his opposition brief to the gag order, “the original indictment was founded on lies that in other situations would be actionable slander.” And those lies continue to plague the case today, as the minimal Second Superseding Indictment still contains the allegation that Eithan accessed information under “false pretenses.”
There's the famous quote from Stalin's head of secret police: “show me the man, I’ll show you the crime.” That’s what this case has been from the beginning. The DOJ and FBI had information in their possession that disproved their entire case all along, but ignored it in order to send a man to prison for 10 years.
