D.R.I.: DOJ administrative subpoena for children’s medical records quashed; DOJ’s “presumption of regularity” is gone

This administrative subpoena for Rhode Island children’s medical records is quashed. DOJ’s presumption of regularity of its actions is now gone. In re Administrative Subpoena 25-1431-032 to R.I. Hosp., 2026 U.S. Dist. LEXIS 105676 (D.R.I. May 13, 2026):

Ultimately, the Court’s decision is based solely on its application of the law to the administrative subpoena at issue here. But the discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling. The Court cannot help but share the sentiment that “[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word-with little doubt about its intentions and stated purposes-no longer holds.” United Statesv. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.

The Emergency Motions to Quash (ECF Nos. 1 & 28) are GRANTED. In granting these Motions, this Court quashes the administrative subpoena-the instrument issued by the DOJ-not the enforcement order entered by the Texas court. What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children. Those are independent grounds for quashal of the subpoena that this Court has authority to adjudicate.

In addition, the DOJ is hereby ENJOINED from receiving, using, retaining, or disseminating any patient-identifying information or protected health information produced by RIH in response to Administrative Subpoena No. 25-1431-032, including all materials responsive to Requests 11 through 15 and any other materials that identify, or reasonably permit the identification of, Rhode Island’s children.