Imagine being an ER doctor on the front lines of a global pandemic, saving thousands of lives and putting your own life at risk on a daily basis, only to have the government you served try to put you in prison because you dared to publicly challenge their narrative. 

I am Dr. Ron Elfenbein. During the COVID-19 pandemic, I ran one of Maryland’s primary testing and treatment centers. When the Federal government used faulty data to halt life-saving monoclonal antibody treatments, I spoke out on national news. Two weeks later, the government admitted they had miscalculated their data by 50% and reinstated the lifesaving program.  

https://www.foxnews.com/us/maryland-doctor-monoclonal-antibody-treatments
 

I was right, but I was also targeted. 

Four months after I held the government accountable, I was hit with a federal indictment totally out of left field. The “investigation” was so rushed and sloppy that the Department of Justice (DOJ) even got my name wrong and the Chief Judge of Maryland even chastised the prosecution in a pre-trial hearing, stating the case appeared to be a situation of “shoot first and ask questions later”. 

The Court Has Already Spoken 

In an exceedingly rare and courageous move, Chief Judge of the District of Maryland James Bredar- an appointee of President Obama who heard every word of the evidence and sat through the whole trial—did not just rule in my favor; he dismissed all charges AND granted a new trial in case of appeal. In a scathing 93-page opinion, the Judge castigated the government’s case, stating: 

·       “The government did not carry its burden and no reasonable jury could have so concluded.” 

·       “The evidence weighs so heavily in favor of the Defendant that it would be unjust to enter judgement against him.”

·       “The court, having closely observed the testimony and parsed the evidence in this case, concludes that the evidence weighs so heavily against the verdict that it would be unjust to enter judgement.”

·       “It is not a crime if the Government has authorized him to do it”

·       “Citizens….cannot be held to criminal account for doing only what a technical regulation is reasonably read to permit.”

·       “There can of course be no crimes if the Defendant complied with those rules” 

https://www2.mdd.uscourts.gov/Opinions/Opinions/22-0146%20Elfenbein%20Opinion.pdf

The Abuse of Power Continues 

Despite this total exoneration and a clear judicial rebuke, mere weeks before the inauguration of President Trump and on their way out the door, the Biden DOJ refused to let go. In a final act of what can only be described as "Lawfare," they appealed the dismissal, forcing me back into a courtroom this August. 

This was never about justice; it was about retaliation. It was an attempt to use the unlimited resources of the federal government to bankrupt and destroy a physician who prioritized medical logic and people's lives and well being over political optics. 

Our Demand 

We call upon the Trump Department of Justice to: 

1.    Read and carefully consider the 93-page judicial opinion issued by the Chief Judge of the District of Maryland, James K. Bredar. 

2.    Cease the wasteful prosecution of a case that has already been deemed meritless by the court and ruined Dr. Elfenbein’s life 

3.    End the use of "Lawfare" tactics of the former administration against citizens who exercise their First Amendment right to advocate for patient care. 

Sign this petition to tell the Trump DOJ: Stop the Biden DOJ retaliation. Stop the lawfare. Let Dr. Elfenbein return to his patients.