Federal prosecutors have decided to dismiss the charges against a Dallas surgeon who was accused of leaking the records of gender transition-related care for underage patients. This move is being hailed as a victory by conservative activists who oppose transgender rights.
Jennifer Lowery, the acting U.S. Attorney for the Southern District of Texas, submitted a request for dismissal without providing specific reasons for dropping the four counts of wrongful disclosure of individually identifiable health information against Dr. Eithan Haim.
Haim, who considers himself a whistleblower, faced charges for sharing records with conservative activist Christopher Rufo. The records in question pertained to children who were undergoing gender transition-related care at Texas Children’s Hospital in Houston, which happens to be the largest pediatric hospital in the United States.
In a May 2023 article, Rufo published the material, but the records have since been removed. Back in 2022, when the records were sourced, transgender care for minors was legal. However, the hospital made a public announcement stating that it would no longer provide such care after Gov. Greg Abbott ordered investigations into the parents of children undergoing transition-related care, citing child abuse. The Texas Supreme Court later ruled that Abbott had no grounds to order the Department of Family and Protective Services to investigate these families.
Haim never disputed that he leaked the records. However, he consistently argued during the legal proceedings that no laws were violated because he did not disclose any personally identifiable patient information.
The case attracted significant attention from anti-transgender activists and politicians who portrayed Haim as a whistleblower for uncovering an alleged “secret transgender program.” There has been ongoing scrutiny of transgender care in Texas, particularly for minors, by Republican lawmakers in the state. Shortly after Rufo made the records provided by Haim public, Texas implemented a complete prohibition on transition-related care for minors.
Transition-related care encompasses a range of options, including mental health counseling and social affirmation of gender through pronoun changes. In some cases, medical interventions such as puberty blockers or surgery may be considered. It is important to note that physical treatment among youth is relatively uncommon.
Haim’s wife, Andrea, recently made a post accusing Lowery of “weaponizing the DOJ” against her husband. This accusation led to Lowery’s dismissal. The weaponization of the justice system has been a prominent theme in President Donald Trump’s campaign, as he signed an executive order on Monday alleging that the Biden Administration has engaged in a systematic campaign of weaponized prosecution.
Texas House Representative Brian Harrison, a Republican from Midlothian, joined the chorus of people celebrating the dismissal of charges against Haim. In a personal phone call, Harrison extended his heartfelt congratulations to Haim for this significant development.
“We still must get to the bottom of the potential crimes he exposed, for which he should’ve been praised… not prosecuted,” Harrison said in an X post Friday.
According to the court’s website, the jury trial for the case was scheduled to commence on February 10th.