Elon Musk’s X defended the free speech rights of a whistleblower indicted by the Biden-Harris Department of Justice (DOJ) in a court filing Tuesday.
The DOJ’s request for a gag order on defendant Eithan Haim, a surgeon indicted after blowing the whistle on a hospital performing sex changes on minors, should be rejected because it would “violate the First Amendment and ignore the fundamental right of the public to criticize the government,” the company wrote in its motion to intervene in the case.
“Free speech by users on X – in which X has a First Amendment interest – is a crucial component of public debate and news dissemination in today’s United States, and this speech is directly at odds with unlawful prior restraints based on the meager showing set forth in the Government’s Motion,” the company argued.
In 2023, Haim provided documentation to journalist Christopher Rufo showing Texas Children’s Hospital was continuing to perform sex change procedures on minors after claiming the program was shut down. The DOJ charged him for allegedly violating the Health Insurance Portability and Accountability Act (HIPAA).
Last week, the DOJ asked the judge to place a gag order on Haim after he criticized prosecutors’ handling of the case on X.
Prosecutors argued that Haim’s posts created a “substantial likelihood of prejudicing the Government, further tainting the jury pool, and impeding the Court’s ability to hold a fair trial.”
In posts cited by prosecutors, Haim included sections of a hearing transcript where the judge heavily criticized the government for failing to proofread and correct errors before filing its indictment.
“It’s become clear to anyone paying attention, DOJ has no interest in a fair trial,” Haim wrote Tuesday night on X. “They want to silence me in order to coverup their own incompetence and corruption.”
X Corp and @elonmusk has now entered this fight.
They filed a motion to intervene and opposition to the gag order.
It’s become clear to anyone paying attention, DOJ has no interest in a fair trial. They want to silence me in order to coverup their own incompetence and… https://t.co/SuLDh1YPG8
— Eithan Haim MD (@EithanHaim) November 26, 2024
Prosecutors also suggested Haim’s posts could encourage “online bullying of prosecutors and create heightened safety risks.”
“What irony for this complaint to come from federal prosecutors, whose awesome powers and nearly limitless resources make them the Goliath to Dr. Haim’s David,” X wrote in its filing. “And it is precisely because of their extraordinary power that prosecutors must be held accountable to the public and not permitted to hide behind a veil of court imposed secrecy through litigation tactics such as sealing their filings from public view and seeking gag orders against defendants, the actions challenged in this motion.”
Not the Bee also intervened in Haim’s case Monday after prosecutors filed documents, including ones relating to their request for a gag order, under seal.
BREAKING! Our @dhillonlaw client @Not_the_Bee intervenes to unseal government filings in @EithanHaim’s criminal case! Read —
Not The Bee, LLC Moves to Intervene and Unseal in USA v. Dr. Eithan Haim https://t.co/7B9cvWpMaj
— Harmeet K. Dhillon (@pnjaban) November 25, 2024
“At Not the Bee, we make a living from finding humor in the absurd, but this case is no laughing matter,” Not the Bee CEO Dan Dillon wrote in a statement. “When a doctor risks everything to shine a light on medical practices involving children, especially in the controversial realm of gender transitions, the public has a right to see the full picture.”
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