Marcella Burke Profile picture
Nov 20 14 tweets 5 min read Read on X
🚨 BREAKING: Prosecutorial Misconduct continues to be EXPOSED in Whistleblower @EithanHaim’s case. A 🧵:
1/ The government’s lead attorney prosecuted @EithanHaim while unlicensed—a direct violation of ethical and professional rules. This only came to light when the defense discovered and pointed it out. Typical of the bungling, illicit, twitching pile of catastrophe that is this case.Image
2/ The court challenges the government for sloppy drafting:

“[W]ell, it's obvious that the government didn't proofread or review the superseding indictment to prevent these errors.”

“Well, who ‘s proofreading? All of you?” Image
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3/ Even worse and indeed fatal to their case, their superseding indictment is riddled with nonexistent statutes alleging crimes that don’t exist. How does this happen in a case of this magnitude? Image
4/ Prosecutors try to manufacture a new crime by adding the word "use" to the charges.

Per the court, “Okay. Let me ask you this: How come you [sic] took "wrongfully discloses" from the first indictment, and all of a sudden now you're using "use," and you want me to strike it?” Image
5/ The judge scolds the prosecution for dumping new, key evidence from Texas Children’s Hospital just one month before trial. This forced delays, and punished the defense of @EithanHaim for the government’s failure to share evidence in a timely manner. So much for a fair and speedy trial.Image
6/ Prosecutors ignored case law precedent entirely throughout their argument, opting to define key language however they please and without citing precedent. The judge repeatedly asked for case law; they had none, revealing the emperor has no clothes. Image
7/ When we argued that HIPAA’s Privacy Rule cannot create a felony, as Congress never incorporated it into the criminal statute, the prosecutors refused to respond, effectively conceding the point. I again emphasize that these are AUSAs, supposedly be the best of the best. Image
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8/ The government again tried to "strike" problematic language mid-case instead of filing a third, corrected version, and like a child hiding something broken from her parent, pretending there’s nothing to see. The court denied the motion to strike. Image
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9/ The government offers no clear definitions of key words in their indictment. They’re weaponizing vagueness, leaving the defense guessing how to respond. This isn’t just unfair—it’s a violation of due process. An entirely baseless case.
10/ @EithanHaim fulfilled his duty as a whistleblower without exposing private records. But instead of investigating the misconduct he revealed, the government targets him for purely political purposes. This case is pure retaliation poorly disguised as prosecution.
11/ Sloppy indictments, last-minute evidence dumps, and constitutional evasion: this case is the poster child for prosecutorial overreach. @EithanHaim trial isn’t about justice—it’s about silencing someone who stood up against the regime for what is right.
12/ @EithanHaim deserves peace and the public deserves answers. Why are we here? Why does the government get away with such glaring failures in such a high-stakes case? And how low has the standard for US Attorneys fallen under the Biden administration?
13/ This case is bigger than @EithanHaim—it’s about protecting whistleblowers, holding prosecutors accountable, and safeguarding the rule of law from politically targeted retribution.  🧵 END

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More from @MarcellaBurke

Nov 20
The tide is turning against the @TheJusticeDept in @EithanHaim’s case. Thread 2 🧵:
1/ At the latest hearing, the court excoriated the prosecutors for making serious errors in its handling of the case and drafting of the indictment. I noted this in a thread last night.

2/ The court started by laying out the many errors the prosecutors made and asked whether the prosecution would try to correct them, but the prosecutors refused. They charged ahead to have the judge correct errors on the fly so trial starts before a change in administration. Image
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