My husband’s (@EithanHaim) First Amendment rights may be under attack by a de facto gag order – but mine are not. 🧵1/7
On Dec 3, the judge threatened Eithan with FEDERAL PRISON and his attorneys with sanctions if they continue to post so-called “inflammatory” content on X about the DOJ’s corruption in this case.
He didn’t grant or deny the gag order, but kept the government’s motion “live” pending trial in February. This is arguably worse and serves two purposes.
(1) The court’s instruction to avoid “similar conduct” leaves unclear what kind of speech represents a violation (presumably that which the DOJ doesn’t like? see below) and what the consequences would be – imposition of a gag order merely being one of them.
(2) By leaving the matter undecided, the court is shielded from public criticism and appellate review (where it would likely be overturned as unconstitutional in the Fifth Circuit).
As a result of this “non-gag gag order,” the onus is on the defense to muzzle themselves. It’s an unconstitutional prior restraint of someone who needs free speech the most: the criminal defendant David facing a corrupt government Goliath.
I was not planning on speaking publicly about this case. I’m a private person, and I don’t really use social media. But Eithan’s X posts have been the only way he has been able to raise funds for a legal defense and expose the DOJ’s blatant corruption over the last year and a half.
As a wife and attorney, I can’t sit by while they extinguish the light he’s shone on this case, particularly as newly unsealed evidence proves that this case was malicious all along (more on that later!).
On Dec 3, the judge threatened Eithan with FEDERAL PRISON and his attorneys with sanctions if they continue to post so-called “inflammatory” content on X about the DOJ’s corruption in this case.
He didn’t grant or deny the gag order, but kept the government’s motion “live” pending trial in February. This is arguably worse and serves two purposes.
(1) The court’s instruction to avoid “similar conduct” leaves unclear what kind of speech represents a violation (presumably that which the DOJ doesn’t like? see below) and what the consequences would be – imposition of a gag order merely being one of them.
(2) By leaving the matter undecided, the court is shielded from public criticism and appellate review (where it would likely be overturned as unconstitutional in the Fifth Circuit).
As a result of this “non-gag gag order,” the onus is on the defense to muzzle themselves. It’s an unconstitutional prior restraint of someone who needs free speech the most: the criminal defendant David facing a corrupt government Goliath.
I was not planning on speaking publicly about this case. I’m a private person, and I don’t really use social media. But Eithan’s X posts have been the only way he has been able to raise funds for a legal defense and expose the DOJ’s blatant corruption over the last year and a half.
As a wife and attorney, I can’t sit by while they extinguish the light he’s shone on this case, particularly as newly unsealed evidence proves that this case was malicious all along (more on that later!).
2/7 As background, Eithan is the whistleblower who exposed in a report with @realchrisrufo that Texas Children’s Hospital was lying to the public about the existence of its transgender program for children. They were implanting puberty blockers on kids as young as 11 and hiding it from the public.
He is currently facing 4 felony charges on a made-up, baseless HIPAA theory. The DOJ’s case is falling apart for both legal and non-legal reasons (see @EdWhelanEPPC’s and @AndrewCMcCarthy’s excellent reporting on this in the National Review).
Everyone should read this recent article from Tom Bartlett at the Free Press (@TheFP). His thorough reporting really captures what this case is about and what it has been like to live with it.
thefp.com/p/biden-prosec…
He is currently facing 4 felony charges on a made-up, baseless HIPAA theory. The DOJ’s case is falling apart for both legal and non-legal reasons (see @EdWhelanEPPC’s and @AndrewCMcCarthy’s excellent reporting on this in the National Review).
Everyone should read this recent article from Tom Bartlett at the Free Press (@TheFP). His thorough reporting really captures what this case is about and what it has been like to live with it.
thefp.com/p/biden-prosec…
3/7 Since January 2024, Eithan has been vocal on X about the corruption we've experienced since the government first showed up to our home in June 2023.
Most recently, he’s been posting about the prosecutors’ failures using screenshots of public motions and transcripts, including a motion to dismiss hearing where they really embarrassed themselves.
He also posted about serious financial and personal conflicts held by the former lead prosecutor, Tina Ansari (link below). Great reporting from @kendall_tietz.
foxnews.com/media/doj-lead…
Most recently, he’s been posting about the prosecutors’ failures using screenshots of public motions and transcripts, including a motion to dismiss hearing where they really embarrassed themselves.
He also posted about serious financial and personal conflicts held by the former lead prosecutor, Tina Ansari (link below). Great reporting from @kendall_tietz.
foxnews.com/media/doj-lead…
4/7 His lawyers at Burke Law Group have been vigorously defending his First Amendment rights.
In their opposition to the gag order, they called it “the culmination of an abusive and incompetent prosecution and a bad faith attempt to shield the prosecutors from mounting criticism.” Absolutely.
@X and @Not_the_Bee (represented by @pnjaban) also sought to intervene in this case, recognizing the serious First Amendment issues at stake, but the judge denied their motions.
In their opposition to the gag order, they called it “the culmination of an abusive and incompetent prosecution and a bad faith attempt to shield the prosecutors from mounting criticism.” Absolutely.
@X and @Not_the_Bee (represented by @pnjaban) also sought to intervene in this case, recognizing the serious First Amendment issues at stake, but the judge denied their motions.
5/7 So what sort of *horrifying* posts are they concerned about? Among other things, Eithan called them “corrupt,” “incompetent,” “modern-day woke aristocrats,” who were “inventing criminal law.”
The DOJ “will run cover for those who harm children and target those who tell the truth.” He said they want to “intimidate [me] into silence” and pointed out that the DOJ had to “rescind [its] initial indictment after having to admit its allegations were completely false.”
I should add, by the way, that what Eithan is saying is true, he provides the publicly available evidence to back it up, and most importantly, his opinions are his right to express. I would even say he’s charitable given the failure of multiple indictments, numerous factual and proofreading errors, and the sudden disappearance of lead prosecutor Tina Ansari after her deep ties to Texas Children’s were exposed.
The DOJ “will run cover for those who harm children and target those who tell the truth.” He said they want to “intimidate [me] into silence” and pointed out that the DOJ had to “rescind [its] initial indictment after having to admit its allegations were completely false.”
I should add, by the way, that what Eithan is saying is true, he provides the publicly available evidence to back it up, and most importantly, his opinions are his right to express. I would even say he’s charitable given the failure of multiple indictments, numerous factual and proofreading errors, and the sudden disappearance of lead prosecutor Tina Ansari after her deep ties to Texas Children’s were exposed.
6/7 The DOJ’s presentation of the so-called "inflammatory" X posts was so absurd that there was audible LAUGHTER in the courtroom, including at a post from one of Eithan’s attorneys which referred to the “bungling, illicit, twitching pile of catastrophe that this [case] is.” lol. True.
Another where @KyleSeraphin said “the number of effeminate clowns at DOJ who blatantly engage in bad faith legal work is stunning.”
And where @feelsdesperate called the prosecutorial team “a clown car of incompetent midwits.”
The government also cited @MikeBenzCyber who referred to "Merrick's Mafia running a crime department."
😂😂😂
Adding to the absurdity, the prosecutors seemed to not realize or care that the laughter was directed at them. I would have laughed even harder if it weren't for the fact that my husband is facing a decade in federal prison because of those clowns and midwits.
Another where @KyleSeraphin said “the number of effeminate clowns at DOJ who blatantly engage in bad faith legal work is stunning.”
And where @feelsdesperate called the prosecutorial team “a clown car of incompetent midwits.”
The government also cited @MikeBenzCyber who referred to "Merrick's Mafia running a crime department."
😂😂😂
Adding to the absurdity, the prosecutors seemed to not realize or care that the laughter was directed at them. I would have laughed even harder if it weren't for the fact that my husband is facing a decade in federal prison because of those clowns and midwits.
7/7 Freedom of speech is a sacred right. Eithan’s ability to criticize the government’s case, to expose the facts of their corruption, and to show the public what’s going on is the only way we’ve made it this far.
To take that away is to rob him of his constitutional rights and to push this case back into darkness. I won’t let that happen. I’ll be posting more updates.
To take that away is to rob him of his constitutional rights and to push this case back into darkness. I won’t let that happen. I’ll be posting more updates.
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