more on Wow... no privacy left, is there?

[Dave Farber <dave () farber net>]

From: "Meeks, Brock (MSNBCi)" <Brock.Meeks () MSNBC COM>

Okay, I'm no lawyer and I don't even play one on TV, but I've sat through 
my share of trials and written more words about legal cases than I care to 
remember.
So let's realize this whole DOJ wanting to peek into health records isn't 
as cut and dried nefarious as it may seem at first blush.  And believe me, 
I'm NO supporter of Ashcroft and the way he is running rough shod over the 
Constitution.
As I understand this case, the DOCTORS in the case are claiming there are 
definite life saving health reasons for doing late term abortions.  And in 
fact, their court documents site UNNAMED persons and give sketchy details 
of where such abortions were done to save lives.
Well, as we all should know by now, the world of the court room might as 
well be Mars; it's a different planet inside the court room.  Sure it's 
bound by "laws" but not common sense law that most of the world operates by.
So, the fact that the DOCTORS have cited medical procedures and cases but 
gave no details means the DOCTORS themselves have OPENED THE PRIVACY DOOR.
How in the world can the government be expected to prepare its case if it 
isn't given ALL THE FACTS?  And "all the facts" mean they have to have 
those patient records alluded to the court filings so they can make their 
own assessment.
Now, we may not like that but it's the doctors that opened the door.
Human rights groups have (rightly) been arguing that the DoJ is conducting 
trials of alleged terrorists without turning over the FACTS they've only 
alluded to in court documents.  Just as the DoJ should be required to turn 
over all its evidence, it would seem that in this case, the DoJ request to 
see the factual information is somewhat justified.
Do I agree with allowing the DoJ (or anyone else) from seeing medical 
records?  Of course not, but once you open a door in the courtroom it's 
awfully hard to shut it after the fact.
--Brock
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