“Sanctuary Jurisdictions: Magnet for Migrants, Cover for Criminals”

1[House Hearing, 119 Congress]2[From the U.S. Government Publishing Office]34                      ENDING LAWFARE AGAINST WHISTLEBLOWERS5                                 WHO PROTECT CHILDREN67=======================================================================89                                HEARING1011                               BEFORE THE1213                      SUBCOMMITTEE ON THE CONSTITUTION AND14                              LIMITED GOVERNMENT1516                                 OF THE1718                       COMMITTEE ON THE JUDICIARY1920                     U.S. HOUSE OF REPRESENTATIVES2122                    ONE HUNDRED NINETEENTH CONGRESS2324                             FIRST SESSION2526                               __________2728                        WEDNESDAY, APRIL 9, 20252930                               __________3132                          Serial number 119-173334                               __________3536         Printed for the use of the Committee on the Judiciary3738[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3940               Available via: http://judiciary.house.gov4142                                __________4344                   U.S. GOVERNMENT PUBLISHING OFFICE4560-070                  WASHINGTON : 20254647-----------------------------------------------------------------------------------4849                       COMMITTEE ON THE JUDICIARY5051                        JIM JORDAN, Ohio, Chair5253DARRELL ISSA, California             JAMIE RASKIN, Maryland, Ranking54ANDY BIGGS, Arizona                      Member55TOM McCLINTOCK, California           JERROLD NADLER, New York56THOMAS P. TIFFANY, Wisconsin         ZOE LOFGREN, California57THOMAS MASSIE, Kentucky              STEVE COHEN, Tennessee58CHIP ROY, Texas                      HENRY C. ``HANK'' JOHNSON, Jr.,59SCOTT FITZGERALD, Wisconsin              Georgia60BEN CLINE, Virginia                  ERIC SWALWELL, California61LANCE GOODEN, Texas                  TED LIEU, California62JEFFERSON VAN DREW, New Jersey       PRAMILA JAYAPAL, Washington63TROY E. NEHLS, Texas                 J. LUIS CORREA, California64BARRY MOORE, Alabama                 MARY GAY SCANLON, Pennsylvania65KEVIN KILEY, California              JOE NEGUSE, Colorado66HARRIET M. HAGEMAN, Wyoming          LUCY McBATH, Georgia67LAUREL M. LEE, Florida               DEBORAH K. ROSS, North Carolina68WESLEY HUNT, Texas                   BECCA BALINT, Vermont69RUSSELL FRY, South Carolina          JESUS G. ``CHUY'' GARCIA, Illinois70GLENN GROTHMAN, Wisconsin            SYDNEY KAMLAGER-DOVE, California71BRAD KNOTT, North Carolina           JARED MOSKOWITZ, Florida72MARK HARRIS, North Carolina          DANIEL S. GOLDMAN, New York73ROBERT F. ONDER, Jr., Missouri       JASMINE CROCKETT, Texas74DEREK SCHMIDT, Kansas75BRANDON GILL, Texas76MICHAEL BAUMGARTNER, Washington7778                                 ------7980        SUBCOMMITTEE ON THE CONSTITUTION AND LIMITED GOVERNMENT8182                         CHIP ROY, Texas, Chair8384TOM McCLINTOCK, California           MARY GAY SCANLON, Pennsylvania,85THOMAS MASSIE, Kentucky                  Ranking Member86HARRIET HAGEMAN, Wyoming             STEVE COHEN, Tennessee87WESLEY HUNT, Texas                   PRAMILA JAYAPAL, Washington88GLENN GROTHMAN, Wisconsin            JOE NEGUSE, Colorado89MARK HARRIS, North Carolina          BECCA BALINT, Vermont90ROBERT F. ONDER, Jr., Missouri       SYDNEY KAMLAGER-DOVE, California91BRANDON GILL, Texas                  DANIEL S. GOLDMAN, New York9293               CHRISTOPHER HIXON, Majority Staff Director94                  JULIE TAGEN, Minority Staff Director95                            C O N T E N T S9697                              ----------9899                        Wednesday, April 9, 2025100                           OPENING STATEMENTS101102                                                                   Page103104The Honorable Chip Roy, Chair of the Subcommittee on the105  Constitution and Limited Government from the State of Texas....     1106The Honorable Mary Gay Scanlon, Ranking Member of the107  Subcommittee on the Constitution and Limited Government from108  the State of Pennsylvania......................................     3109The Honorable Jim Jordan, Chair of the Committee on the Judiciary110  from the State of Ohio.........................................     6111The Honorable Jamie Raskin, Ranking Member of the Committee on112  the Judiciary from the State of Maryland.......................     7113114                               WITNESSES115116Dr. Eithan Haim, General Surgeon, TCH Whistleblower117  Oral Testimony.................................................    10118  Prepared Testimony.............................................    12119Mark D. Lytle, Attorney for Dr. Haim, Partner, Nixon Peabody120  Oral Testimony.................................................    25121  Prepared Testimony.............................................    27122Vanessa Sivadge, Former TCH Nurse, Whistleblower123  Oral Testimony.................................................    34124  Prepared Testimony.............................................    36125Bruce Lesley, President, First Focus on Children126  Oral Testimony.................................................    40127  Prepared Testimony.............................................    42128129          LETTERS, STATEMENTS, ETC. SUBMITTED FOR THE HEARING130131All materials submitted by the Subcommittee on the Constitution132  and Limited Government, for the record.........................    82133134A letter to the Honorable Chip Roy, Chair of the Subcommittee on135  the Constitution and Limited Government from the State of136  Texas, and the Honorable Jim Jordan, Chair of the Committee on137  the Judiciary from the State of Ohio, from the Brownstein Hyatt138  Farber Schreck, LLP, Jan. 10, 2025, submitted by the Honorable139  Becca Balint, a Member of the Subcommittee on the Constitution140  and Limited Government from the State of Vermont, for the141  record142An Indictment from the United States District Court, Southern143  District of Texas, Houston Division v. Eithan David Haim, Nov.144  20, 2024, submitted by the Honorable Pramila Jayapal, a Member145  of the Subcommittee on the Constitution and Limited Government146  from the State of Washington, for the record147Materials submitted by the Honorable Mary Gay Scanlon, Ranking148  Member of the Subcommittee on the Constitution and Limited149  Government from the State of Pennsylvania, for the record150    An article entitled, ``Texas Children's Hospital halts151        hormone-related prescription therapies for transgender152        children,'' Mar. 4, 2022, ABC13153    An article entitled, ``Houston pediatric chief's abrupt exit154        triggers fear, disappointment within transgender155        community,'' May 3, 2022, Houston Chronicle156An article entitled, ``Not on My Watch: A whistleblower on157  `gender-affirming care' speaks out,'' Jan. 12 2024, Eye on the158  News/The Social Order, Health Care, City Journal, submitted by159  the Honorable Daniel S. Goldman, a Member of the Subcommittee160  on the Constitution and Limited Government from the State of161  New York, for the record162Materials submitted by the Honorable Chip Roy, Chair of the163  Subcommittee on the Constitution and Limited Government from164  the State of Texas, for the record165    An article entitled, ``How a `Parental Rights' Bill Threatens166        the Health, Education, and Safety of Children,'' Jan. 24,167        2024 Speaking of Kids, Substack168    An article entitled, ``Gov. DeSantis Should Veto Florida's169        Tragically Flawed So-Called `Parents' Bill of Rights,''170        Apr. 25, 2021 Speaking of Kids, Substack171    A collection of Twitter (X) threads by Bruce Lesley,172        President, First Focus on Children, on Parental Rights,173        May 18, 2021, and Feb. 23, 2022174    A letter to the Honorable Tim Scott from the State of South175        Carolina, and the Honorable Virginia Foxxfrom the State176        of North Carolina, on Parental Rights, Jan. 12, 2024,177        from Bruce Lesley, President, First Focus, Campaign for178        Children179    A Second Superseding Indictment, United States of America v.180        Eithan David Haim, Nov. 20, 2024, United States District181        Court, Southern District of Texas, Houston Division182183       ENDING LAWFARE AGAINST WHISTLEBLOWERS WHO PROTECT CHILDREN184185                              ----------186187                        Wednesday, April 9, 2025188189                        House of Representatives190191        Subcommittee on the Constitution and Limited Government192193                       Committee on the Judiciary194195                             Washington, DC196197    The Subcommittee met, pursuant to notice, at 2:10 p.m., in198Room 2141, Rayburn House Office Building, the Hon. Chip Roy199[Chair of the Subcommittee] presiding.200    Present: Representatives Roy, Massie, Hageman, Harris,201Onder, Gill, Scanlon, Jayapal, Balint, and Goldman.202    Also present: Representative Cline.203    Mr. Roy. The Subcommittee will come to order.204    Without objection, the Chair is authorized to declare a205recess at any time.206    We welcome everybody to today's hearing on ending lawfare207against whistleblowers. I will now recognize myself for an208opening statement.209    The rule of law demands equal application without fear or210favor. That's why we find ourselves here again today, to211continue our work to hold the Biden-Harris Administration212accountable for their weaponization and political prosecution213against their perceived adversaries.214    Over the past four years, we witnessed the Department of215Justice be weaponized against parents, traditionalist216Catholics, and peaceful prolife protestors and grandmothers.217Take, for example, two of our witnesses here today, Dr. Eithan218Haim and Vanessa Sivadge, whistleblowers who revealed that219their employer, the Texas Children's Hospital in my home State,220was performing transgender medical interventions on minors.221    Here, the largest children's hospital in the country was222shamefully involved in manipulating, mutilating, and223sterilizing young, confused adolescent children with life-224altering procedures in the name of gender transition. This was225despite its public statements declaring they paused these226harmful procedures in light of the Texas Attorney General's227opinion deeming these experiments to be child abuse.228    Yet, the Biden-Harris Department of Justice subsequently229charged Dr. Haim with HIPAA violations for protecting patients230by releasing documents detailing this abuse despite all231personally identifiable information having been carefully232redacted. Dr. Haim faced penalties of up to 10 years in prison233and up to $250,000 in fines. Here, the HIPAA statute merely234became one more tool that the Biden-Harris Department of235Justice engineered in its years-long crusade against political236dissenters instead of equally enforcing the law.237    Key to all of this was DOJ's lead prosecutor, Assistant238United States Attorney for the Southern District of Texas Tina239Ansari. A series of ethical questions stemmed related to Ms.240Ansari's prosecution of Dr. Haim, including allegedly241presenting knowingly false information to a grand jury to242secure an initial indictment, threatening employment243retaliation against Dr. Haim's wife as a form of intimidation,244failing to disclose her substantial financial ties to Texas245Children's Hospital through her family's commercial coffee246company, not divulging having family members previously on the247hospital's board of directors, attending a VIP reception at a248hospital fundraiser while the case was pending, practicing law249despite her law license having been suspended by the Texas bar250for failure to pay bar dues.251    Though Ansari was eventually removed from the case, serious252questions remained about the DOJ's commitment to providing253American citizens with a fair trial. The Department of Justice,254the FBI, and the Health and Human Services division abused255their enforcement authority to advance Left-wing policy goals256and coerce whistleblowers to keep their mouths shut where257agencies served to protect the financial incentives of American258hospitals by prosecuting healthcare workers who dare expose the259barbaric performance of transgender medical care on minors.260    When the Left captures institutions, those who dissent can261face legal expenses, reputational damage, and harassment, all262of which deter future whistleblowers from coming forward. Here,263prosecution itself becomes the punishment, and Dr. Haim's264prosecution raises questions about the DOJ's propriety and the265use of Federal resources to wage culture wars highlighting the266emboldened behavior of the Judicial Branch.267    I find this particularly disturbing to me personally,268having served as an Assistant United States Attorney. This is269not what the Department of Justice is supposed to do, where270rogue prosecutors and judges knowingly sponsor falsities and271hide conflicts of interest to harass an individual for holding272a disfavored view. These individuals wielding political power273continue to be a primary threat to our institutions and274personal freedoms. Therefore, this hearing touches on two275tragedies: (1) Weaponization of government against innocent276civilians who did the right thing, and (2) harmful life-277altering medical procedures against innocent children and278parents, all so that hospitals and medical providers can279profit.280    While the Trump Administration rightfully ended the281prosecution of Dr. Haim, that's not enough. The American people282deserve to know that they will not face prosecution on the283basis of their political views, or which administration is in284power. It is long past time for Congress to address this285weaponization, investigating the extent of such DOJ286partisanship, publicly exposing how it came to be brought, and287ensuring hospitals are not secretly inflicting irreversible288damage on children.289    We must identify rogue prosecutors, permanently removing290them from their positions. Our agencies must no longer be seen291as a safe harbor to weaponize authority. The message from this292Congress and the Trump Administration must be clear: Abuse of293authority will not be tolerated. You will be held accountable.294    While we must act to reverse these wrongful prosecutions,295it is not merely enough to end the Biden era discrimination. We296must ensure that the Left is never again able to capture297institutions for future weaponization, ensuring Americans will298not find themselves as collateral damage. Our witnesses know299these abuses all too well for being here today to address the300need for fundamental and permanent reforms of the Department of301Justice.302    I'd only add one final concluding remark, because we had a303witness last year, Chloe Cole, who gave passionate testimony in304this room about the impact on her life, her personal ability to305bear children in the future and be a mom all because of the306pressures being brought to bear by this politicization of this307personal issues that have been taken away from parents and308families and then thrust on our youth through social media and309technology and the people who want to profit from this310politicization. It's shameful, and it's harmful. Thank God for311people like Chloe Cole and thank God for the witnesses here who312have stood up to speak the truth so that the American people313can know what's happening and parents can protect their314children.315    With that, I will yield to the Ranking Member for her316opening statement.317    Ms. Scanlon. Thank you, Mr. Chair, and thank you to our318witnesses.319    Since this is the Subcommittee of Judiciary on the320Constitution, I just wanted to take a couple minutes to take321stock of our constitutional order today. The President and his322allies are attacking the pillars of our civil society,323including the courts, universities, and the free press,324trampling on the Constitution and the rule of law through325Executive Orders, threatening the very foundations of our326democratic republic, and the rights and freedoms of our people.327    In an unconstitutional power grab, the administration,328aided and enabled by Mr. Musk, is dismantling Federal agencies329and freezing Federal funding for critical services. They're330indiscriminately firing hard working public servants,331jeopardizing not only their livelihoods but the health, safety,332and well-being of the American people whom they serve.333    Seniors are scared that Elon Musk's DOGE is coming for334their Social Security and Medicare too. This administration is335branding all immigrants as criminals, and it's embarked on a336lawless campaign of terror, including wrongfully arresting U.S.337citizens and deporting innocent people with legal status.338    Doctors are terrified that this administration's funding339cuts and antivaccine rhetoric will worsen the highly contagious340measles outbreak that's already killed two children, the first341measles deaths in this country in more than a decade.342    To top it off, the President launched an irresponsible and343costly tariff war, bringing chaos and volatility to markets344across the globe and handcuffing working families and American345businesses to his sinking economy.346    Congress has a constitutional duty to act as a check and347balance on an out-of-control executive, to fight for the people348we represent and stand up to the madness coming from the White349House. So far, our Republican colleagues don't seem up to the350job. Instead, they're wasting the time and resources of the351Constitution Subcommittee to give a platform to Right-wing352extremists seeking to sow more cut chaos, and division, to353distract Americans from Republicans utter failure to engage354with the most pressing issues facing our country.355    Let's start by getting a few facts straight. The subject of356today's hearing, Dr. Eithan Haim, was not criminally charged357for his political views. Instead, he was indicted by a grand358jury for stealing the personal medical records of children and359giving them to a Right-wing activist. These were criminal360violations of HIPAA, or the Health Insurance Portability and361Accountability Act.362    According to the indictment, Dr. Haim obtained unauthorized363individually identifiable health information of pediatric364patients who were receiving gender-affirming care at Texas365Children's Hospital and who were not his patients. At the time,366Dr. Haim accessed the records, gender-affirming care was legal367under Texas law, and he knew that.368    Dr. Haim also knew that the children were not his patients;369and, therefore, he had no legal right to access their medical370records. Even if Dr. Haim believed his allegation, however371erroneously, that this care amounted to child abuse, he didn't372follow any of the official procedures to report that concern to373supervisors as he'd been trained to do. Instead, he shared the374stolen records, not with child welfare authorities but with the375Conservative activist Christopher Rufo. He knew that the law376was designed to protect patient privacy, and he chose to break377it. This is an open-and-shut case. That's why the grand jury378determined that there was enough evidence to charge him with379criminal HIPAA violations.380    It wasn't the Department of Justice that politicized Dr.381Haim's case when it charged him with a blatant violation of382HIPAA privacy laws. It was Dr. Haim himself who came up with a383political excuse for his illegal actions. It was the Trump384Administration that dropped the charges against an ideological385ally in a way that serves its own political agenda.386    That should give us all pause. The Department of Justice's387creed has always been to operate free from fear or favor--in388other words, independent of political bias. We're already389seeing that's not true under the Trump Administration. Earlier390this week, we heard testimony from a DOJ attorney who was fired391because she refused to recommend that the gun rights of one of392the President's celebrity buddies be restored because of deep393concerns about his history of domestic violence.394    Over the weekend, we heard of a DOJ lawyer who was placed395on leave when he refused to manufacture law or facts to support396the government's case, which would be a violation of ethics and397the rule of law. Among other egregious examples these past few398months, the DOJ dismissed this case and others, despite clear399and grotesque invasions of patient privacy, because the White400House wants to attack gender-affirming care.401    Americans have to wonder, then, what other invasions of402your medical privacy will this administration encourage? Given403the administration's embrace of Project 2025, is reproductive404healthcare next?405    Why are we having this hearing? For one thing, it's yet406another chance for our Republican colleagues to spread407misinformation about transgender individuals and their medical408care, because they think they'll score political points by409bullying the young people receiving that care and their410families, regardless of the fact that every major medical and411mental health institution in the U.S., representing more than4121.3 million doctors, supports age-appropriate--age-appropriate413gender-affirming care for transgender people.414    That includes the American Medical Association, the415American Academy of Pediatrics, the American Psychological416Association, the American Psychiatric Association, the American417Academy of Child and Adolescent Psychiatry, and the Endocrine418Society, among other organizations.419    This is part of a pattern and practice for our colleagues420who are too willing to disregard American's fundamental rights421and freedoms to meddle in people's personal medical decisions422for political gain injecting their own religious or political423beliefs into choices that rightly should be left between424individuals, their families, and their doctors. It's abundantly425clear that our Republican majority only cares about some rights426and freedoms for some people rather than those that all427Americans should enjoy.428    In addition to spreading misinformation, this hearing is429meant to distract Americans while our Republican colleagues430continue to ignore the real problems. We don't have to look far431to find out why our colleagues chose to have this hearing this432week. Believe me, bullying transgender kids and families is not433the number one concern for any of our constituents. I know434because I've been holding townhalls in my district and in some435of theirs too.436    No. Our constituents' number one concern is how they're437going to pay for housing, healthcare, food, clothes, college,438and retirement. With the global economy and stock markets439tanking and predictions of a recession rising by the hour and440Elon Musk and DOGE gutting Social Security, the VA, food441support, and freezing funding that our communities rely on, at442the same time, in the midst of all this chaos and economic443disruption, House Republicans are trying to pass an unpopular444budget plan that would be devastating for American children and445families. They're proposing at least $880 billion in cuts that446will decimate Medicaid.447    Medicaid and the Children's Health Insurance Program, or448CHIP, provide health coverage for over 37 million kids and449covers 41 percent of all births. Their plan will rip healthcare450coverage away from millions of Americans, with children and451working families bearing the brunt. Kids will be left without452routine medical care, leading to greater infant mortality and453tragic consequences from preventable illnesses.454    It doesn't stop there either. Republicans are also455targeting programs that help working families keep food on the456table. Their budget blueprint calls for billions of dollars of457cuts that threaten SNAP, a program that provides food support458to over 42 million families. They'll jeopardize a parent's459ability to buy the groceries they need to feed their kids460healthy meals.461    Cuts to SNAP also endanger other nutrition assistance462programs, like the Special Supplemental Nutrition Program for463Women, Infants, and Children, or WIC, because they use Medicaid464data to automatically enroll children. If fewer families can465access SNAP and Medicaid, fewer will be able to access WIC as466well. The budget will also cut over $300 billion from467Department of Education programs threatening, among other468things, kids' access to nutritious school meals that they need469to learn and grow.470    At the same time, Elon Musk and his DOGE bros are trying to471dismantle the entire Department of Education outright,472destroying an agency that helps ensure that children, no matter473their parents' jobs, ZIP codes, or special learning needs, can474access a high-quality education. They say that our budgets475reflect our values, and it's clear that, instead of using their476power in Congress to actually protect children, our Republican477colleagues would rather pull the rug out from under them,478ripping away resources that set them up for success. Why? They479can give tax breaks to big business and their billionaire480buddies like Elon Musk.481    American children should never be used as pawns or props in482MAGA's culture wear. They are our country's future, and we483should always be working to ensure that the future is a better484and brighter one for them. Republican majority's plan and this485hearing shamefully miss that mark.486    I yield back.487    Mr. Roy. Now, I recognize the Chair of the Judiciary488Committee, Mr. Jordan.489    Chair Jordan. Thank you, Mr. Chair.490    The Left has a template. The Left will tell a lie. Big491Media will report the lie. Big Tech will amplify the lie. Then,492if you tell the truth, they call you names. Time and time--we493saw it all during COVID. Almost everything they told us turned494out to be--COVID, they said, ``Oh, no, the virus didn't come495from a lab. It was a bat to a penguin to a hippopotamus to Joe496Rogan.'' Then we all got it, right? They said, ``Oh, no, the497vaccinated can't get it. The vaccinated can transmit it.'' If498you said anything against that, they told us this is the first499virus in history where there is no such thing as natural500immunity. If you said anything against that, they came after501you: Science denier, crazy Right-wing Republican, and idiot.502They called us all kinds of names.503    Now, in today's context, the same playbook, the same504template is being used. The Left says, ``Oh, these surgeries505are fine.'' Really? Some people have some concerns about that.506Texas took a position on it. They tell us it's fine. If you say507anything against that, you're a no-good whatever name they're508going to call you.509    Then, when it comes to whistleblowers, oh, my goodness, if510you speak out, they not only call you names; they bring the511government against you. We saw it with every single512whistleblower who came forward last year in the government. Dr.513Haim's not in the government, but he had the Department of514Justice come after him saying he violated HIPAA, which he did515not. That's why this hearing is so darn important, why it is so516darn important.517    Every single--we saw what they did to Mr. Shapley. We saw518what they did to Mr. Ziegler. Every FBI whistleblower came519forward to this Committee last Congress had their security520clearance taken away from them, which put them in a no man's521land. They couldn't get employmentand they couldn't leave. They522were--you talk about retaliation against whistleblowers in the523government.524    I want to thank you, Doctor, for coming forward. I want to525thank our Chair. He has been the leading person in the Congress526on this Committee, on this issue. We want to thank you, and we527look forward to your testimony.528    Thank you, Mr. Lytle, because you defended a lot of these529whistleblowers who had the courage to come forward and stand up530against what the Left does every stinking time.531    I yield back.532    Mr. Roy. I thank the Chair.533    I will now recognize the Ranking Member of the Full534Committee, Mr. Raskin, for his opening statement.535    Mr. Raskin. Thank you, Chair Roy and Ms. Scanlon, for536convening us today. I was psyched to learn that we were having537a hearing about, quote, ``Legislative Reforms Aimed at538Protecting Minors.'' I thought we were going to get together to539oppose Donald Trump's threat to healthcare for 37 million540children who rely on Medicaid in the CHIP program. After all,541they want to cut $885 billion from it. Alas, that's not on the542agenda.543    I thought maybe we would come together to stop Trump from544cutting benefits for 15 million children who rely on SNAP545benefits to get the nutrition they need in America, or perhaps546we could be opposing the gutting of the Department of Education547which ensures 26 million low-income students and 7\1/2\ million548students with disabilities get access to real educational549opportunities. We could stand together really for children, but550no such luck.551    Instead, we're here to talk about Dr. Eithan Haim, a man552who, according to a May 2024 criminal indictment returned by a553unanimous grand jury of citizens in Texas, unlawfully obtained554and disclosed the medical records of children in violation of555HIPAA, a law Congress passed in 1996 to establish standards556protecting health information from disclosure without the557consent of the patient.558    According to this criminal indictment, Dr. Haim, quote,559560        Obtained personal information, including patient names,561        treatment codes, dates of service, and attending physicians562        from Texas Children's Hospital's electronic system without563        authorization and under the false pretenses that he needed the564        access for the provision of medical services to patients under565        his care.566567He lied. They were not under his care. He lied to get access to568the medical records of four adolescents who were not his569patients.570    What did he do with those patient medical records? Did he571go to the Department of Social Services, as instructed by law?572Did he go to the police? He thought they were in danger of573child abuse. No. He went to Christopher Rufo, a Right-wing574conservative activist and provocateur to put them out into the575media.576    Now, Dr. Haim claims he did this, and my colleagues, alas,577are celebrating him for this, because he believes that the578gender-affirming care these patients were receiving from579licensed physicians was, quote, ``child abuse under Texas580law.'' Now, if he truly believed he had evidence of child581abuse, Dr. Haim knew he had many avenues to report it by going582to a public health authority or the Department of Social583Services or the police.584    As his criminal indictment states, as a Baylor University585medical resident, quote,586587        He received extensive HIPAA training, that he attended numerous588        trainings where he was provided information related to589        nonmisreporting of any instances of child abuse, misconduct, or590        ethics violations.591592The HIPAA implementing regulation specifically authorizes593disclosure to, quote,594595        A public health authority or any other appropriate government596        authority authorized by law to receive reports of child abuse597        or child neglect.598599    Yet, after obtaining unauthorized individually personally600identifiable health information from young people who were not601his patients, Dr. Haim made no attempt to report any concerns602through any of the authorized government channels to his603supervisors or to his employers, anonymous hotline to the604police or to child protective services as directed by his605training and mandated by Texas law.606    Instead, he went to a Right-wing culture lawyer whose607recent articles have been entitled, ``There's a Trans Cult608Inside the NSA'' and ``The NSA's Secret Sex Chats.'' Now, let's609be clear that the gender-affirming care that Texas Children's610Hospital was providing was not child abuse. All major medical611associations agree that evidence-based gender-affirming care is612necessary, and, in some instances, it's life-saving for613transgender youth. That care was also legal at the time the614hospital provided it to adolescent patients whose medical615privacy Dr. Haim violated. Only later did the legislature pass616its ban on these practices.617    With all due respect, Dr. Haim makes a very strange618whistleblower. He's a doctor who fraudulently obtained the619medical records of youth who were not his patients, not under620his care, and then he used them for blatantly political and621ideological purposes to make a splash and a name for himself as622an antitrans crusader. He's got every right to do it, but he623doesn't have a right to violate other people's privacy and624violate HIPAA.625    Now, I know what my colleagues think of people who leak626sensitive personal information. Take the case of the former IRS627contractor who exposed the tax avoidance practices of628billionaires, including Donald Trump, by disclosing thousands629of returns to news groups. That contractor was prosecuted, and630he received a five-year prison sentence. He had no pardon.631    Yet, Chair Jordan has opened an investigation because he632thinks that five-year sentence was not enough. He thought it633was far too lenient. Now, he wants to lionize and valorize Dr.634Haim. Why? My colleagues want to uphold Dr. Haim as some kind635of moral role model and exemplar. So, let's take his example to636its logical conclusion if it's going to be fine now to steal637other children's private healthcare information and turn it638over to the media if they believe the child is being harmed and639despite the fact that the law provides an authorized way to do640it.641    Say I'm a doctor in Texas, and I know that the law requires642you to get a vaccine for measles. The kids have got to be643vaccinated. I overhear a colleague of mine saying that multiple644patients whose parents don't believe in vaccinating their645children are not being vaccinated. I try to talk to that646doctor. That doctor says everything is fine; leave it alone.647    Now, I suspect child abuse, but I don't go to the648Department of Social Services. I don't go to the police. No. I649break into the computer system, or I convince someone I really650have authority to get in the computer system, and I take their651records. Then I go to show--not the Department of Social652Services, not the police, and not a health authority--but I go653to a media outlet. I do to provaccine organizations, and I say,654``Release this information on that family. Those parents are655not letting their kids get vaccinated.''656    I'm going to be a hero, I'm going to be a whistleblower,657even though I'm not following the law. Are my colleagues OK658with that? I'm fascinated to know. I know I've got some659Libertarian colleagues there. The distinguished gentleman from660Kentucky, would he be fine? Would he be lionizing somebody who661breaks into a computer system to get other parents children's662vaccination information to release it because I think it's663child abuse not to vaccinate kids for measles?664    By the way, I do think it's child abuse in Texas today with665an outbreak of measles where children are dying not to have666your children vaccinated, but I would never break the law and667violate that family's HIPAA rights and those patients HIPAA668rights by stealing it and turning it over to a public interest669group and to the media. This is where we are today.670    So, please, act like the Judiciary Committee. Follow671through on the logic of what it is you're saying. This is not a672whistleblower we're dealing with. It is a law violator. We673should be here talking about what we can really do to help674children instead of plunging everybody into this exercise in675absolute moral hypocrisy.676    Thank you, Mr. Chair. I yield back.677    Mr. Roy. Thank the Ranking Member.678    Without objection, all the opening statements will be679included in the record. We will now introduce today's680witnesses.681    Dr. Ethan Haim. Dr. Haim is a surgeon at Hunt Regional682Medical Center in Greenville, Texas. During his residency, Dr.683Haim blew the whistle on the pediatric transgender medical684program at Texas Children's Hospital and assisted with the685Texas Attorney General's investigation into violations of State686and Federal law. Dr. Haim was indicted by the Biden Department687of Justice for allegedly disclosing protected information, as688described in my opening statement.689    Mr. Mark Lytle. Mr. Lytle is a partner at Nixon Peabody and690an attorney for Dr. Haim. Previously served as a Staff Attorney691in the Enforcement Division of the SEC, was a prosecutor in the692United States Attorney's Office for the Eastern District of693Virginia, and the Department of Justice, and in the White House694Counsel's Office.695    Ms. Vanessa Sivadge. Ms. Sivadge is the founder of696Protecting Texas Children, an advocacy organization that is697focused on safeguarding children from sexualization and698exploitation. She is a registered nurse who also blew the699whistle on the pediatric trans-700gender medicine program at Texas Children's Hospital, which701fired her in retaliation for her disclosure.702    Mr. Bruce Lesley. Mr. Lesley is the President of First703Focus on Children, an advocacy organization focused on making704children a priority in Federal policy and budget decisions. He705previously served as a House and Senate staffer.706    We thank our witnesses for appearing today, and we'll begin707by swearing you in.708    Would you please rise and raise your right hand?709    Do you swear or affirm under penalty of perjury that the710testimony you are about to give is true and correct to the best711of your knowledge, information, and belief, so help you God?712    Let the record reflect that the witnesses have answered in713the affirmative. Thank you and please be seated.714    Please know that your written testimony will be entered715into the record in its entirety. Accordingly, we ask you to716summarize your testimony in five minutes. There is a clock that717should be running in front of you. I'll also remind you to turn718your microphones on before you speak.719    With that, Dr. Haim, you'll be our first witness, and you720may begin.721722                  STATEMENT OF DR. EITHAN HAIM723724    Dr. Haim. Thank you all for taking the time to listen to725our testimony. My name is Eithan Haim. I'm a general and trauma726surgeon. I was the anonymous whistleblower who exposed Texas727Children's Hospital, the largest children's hospital in the728world, for lying about the existence of their transgender729program, a program that would manipulate, mutilate, and730sterilize healthy young children.731    There's a reason I'm here today. It's because, for exposing732this truth, my own government manufactured a case to send me to733prison for 10 years. The story starts in February 2022 when the734Texas Attorney General issued an opinion that transgender735interventions could constitute child abuse. A few weeks later,736TCH released a statement to the media saying they were shutting737down their program because of, quote, ``potential criminal738ramifications.'' Not long after, I discovered this was a739blatant lie. The reason I knew this is because I worked there.740    Between 2018-2023, I was a surgery resident in Baylor741College of Medicine, which is primarily affiliated with TCH.742They not only continued their program; they expanded. All this743was happening behind closed doors. On May 16th, investigative744journalist Christopher Rufo published a story exposing this. I745was the anonymous whistleblower in that story. One day later,746the conduct we exposed was made illegal in the State of Texas747with bipartisan support partially because our story came out748the day before.749    On May 19th, the Texas Attorney General initiated an750investigation into the hospital. On May 23rd, another751whistleblower spoke out. That was Vanessa Sivadge. She's here752today. Despite crossing the highest possible threshold for a753whistleblower, on June 23rd, a month after the story's754released, two armed agents with HHS showed up to my home on the755day of my graduation a few hours before the ceremony, one of756the most important days of my life. This was the moment I757learned I was under Federal investigation, Federal criminal758investigation by the United States Department of Justice. The759target letter was signed by Assistant U.S. Attorney Tina760Ansari.761    From the very beginning, I knew this was nothing more than762a charade. I knew this because I never violated HIPAA. I never763accessed the records of transgender patients or released any764identifiable information. All of it was fully redacted de-765identified hospital data, which is used every single day to766report infectious disease outbreaks like measles or conduct767retrospective research studies.768    Over the next few months, though, Ansari confirmed our769worst suspicions. This was a political witch hunt. For example,770Ansari admitted to my attorneys that she never reviewed the771evidence before sending agents to my home. She didn't even know772what statutes she was investigating. Ansari threatened my wife,773who had just been hired as an Assistant U.S. Attorney in774Dallas. She told my lawyers she would take me to a jury trial,775even on a technicality and without concern for losing, and she776meant what she said.777    In May 2024, I was indicted on four HIPAA-based felonies778and faced up to a decade in prison. This indictment portrayed779me as a liar who used deception to hack into TCH's EMR system,780like was said before, but all this was pure fiction. The DOJ's781own evidence, their own evidence that they gave us in782discovery, disproved every single one of the claims against us.783This is worth restating: Ansari and her team either never784reviewed this evidence, or they ignored it.785    This led to the collapse of their first indictment, but786they pursued another. The big difference this time is that they787dropped any pretense this was about HIPAA. They legally788castrated the indictment by removing the case statutory789language. The most important change was the victims. TCH and790its patients were changed to TCH and its physicians. It was a791first time in American history that HIPAA was being used not to792protect patient privacy but multibillion dollar hospital793systems, TCH and Baylor, who were caught lying to the public.794    It was too ironic when we discovered that Ansari and her795family have quite a special relationship with TCH and Baylor.796The best way to put it is this: You couldn't throw a tennis797ball at Tina Ansari's Thanksgiving dinner without hitting a798major fundraiser for TCH or Baylor or a former board member for799TCH and Baylor or a CEO who is contracted with hospitals in the800Baylor TCH academic consortium. Ansari ended up withdrawing801from the case shortly after we made this public.802    The case was eventually dismissed with prejudice after the803Biden-appointed U.S. Attorney left his office. He was running804the case solely with Tina Ansari, bypassing the entire chain of805command in the Southern District.806    This can't be the end of it. There has to be accountability807when the unlimited resources of the Federal Government are used808to destroy the lives of ordinary American citizens.809    [The prepared statement of Dr. Haim follows:]810    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]811812    Mr. Roy. Thank you, Dr. Haim, for your testimony.813    Mr. Lytle, I apologize. Please proceed.814815                   STATEMENT OF MARK D. LYTLE816817    Mr. Lytle. Good afternoon, Chair Roy, Chair Jordan, Ranking818Member Scanlon, and Ranking Member Raskin. My name is Mark819Lytle. I'm in private practice now, but for the majority of my820legal career, I've been honored to serve as a Federal821prosecutor working at Main Justice and as an Assistant U.S.822Attorney in the Eastern District of Virginia. I have also823served as the Chief of the Financial Crimes and Public824Corruption Unit and as the District Wide Coordinator for Public825Corruption Matters in the Eastern District of Virginia.826    During my tenure, I was the lead prosecutor on high-profile827matters, such as the bribery prosecution of Congressman William828Jefferson from Louisiana and Credit Suisse Bank, the second829largest bank in Switzerland. I've also worked on hundreds, if830not thousands, of smaller cases that never really drew the831attention of the public or the media. I've been honored to832receive numerous awards, including the Attorney General's833Distinguished Service Award, and other decorations for my work.834    Throughout my career, I've been trained, mentored, and835worked alongside prosecutors and staff who were dedicated to836the fair administration of justice in an evenhanded way. Our837goal was always to preserve public safety for our citizens and838to deter criminals from committing crimes. We never took839politics into consideration.840    It's with this background and training that I quickly841learned there was something desperately wrong with the way Dr.842Haim's case was being investigated and later prosecuted by the843U.S. Attorney's Office in Houston, Texas.844    In May 2023, Dr. Haim worked with a journalist to blow the845whistle on Texas Children's Hospital and publicly revealed that846TCH was performing transgender medical procedures on minors,847contrary to what TCH was telling the public and following the848Texas Attorney General opinion advising that those849interventions could constitute child abuse under Texas law.850Shortly after the story had been published, the Texas851legislature voted to make such procedures illegal.852    Dr. Haim made his disclosure carefully, thoughtfully, and853legally without disclosing any patient names in the process. He854also went to law enforcement, the Texas Attorney General's855Office, as well as the media. These are procedures that have856been endorsed by Congress in ways for which whistleblowers can857come forward with information related to fraud, misuse, and858abuse.859    I was first retained to represent Dr. Haim during the860Summer 2023. He had been served a target letter signed by the861lead Assistant U.S. Attorney in the case. Once retained, I862reached out to this AUSA, but, surprisingly, she wasn't863familiar with the facts of the case, but she confidently864proclaimed Dr. Haim had violated the HIPAA rules through a865disclosure of patient records to the media. I know that did not866happen, as Dr. Haim's disclosure redacted patient names.867    It concerned me that the AUSA had it out for Dr. Haim. It868was clear there was a bias toward Dr. Haim. The AUSA's869statements to me were concerning to say the least. The870prosecutor claimed first that Dr. Haim's wife had obstructed871justice. That was a shock when I heard that the basis for the872claim of obstruction was that Dr. Haim's wife said, ``You873should probably have an attorney before you speak to a law874enforcement agency.''875    Second, the AUSA surprised me when she said that she876wouldn't do anything about reporting Ms. Haim's behavior to877background investigators who were investigating in her878background for her new job as an Assistant U.S. Attorney unless879she became difficult. To me, that was code for retaliation, and880it raised great concerns on the defense team and for the Haims.881    The AUSA proceeded to tell me that, if Dr. Haim comes in882and expresses remorse, she will offer him a misdemeanor, but if883he did not, she would charge him with a felony and take him to884trial, even if it were on a technicality or no basis for885conviction. The AUSA was clearly too close to these families to886have any credibility as a neutral prosecutor.887    The AUSA claimed that he had no right to blow the whistle888on Texas Children's Hospital, even though the regulations889permit it and support it, and just because he didn't report it890to the hospital, the hospital--the very hospital that he891believed was breaking the law--is inconceivable, and he did the892right thing by going to the media and to the Texas Attorney893General's Office. There's congressional support for this.894    Then came the indictment of Dr. Haim in May 2024. It was895heavy handed. Out of all the charging decisions that were896possible, the AUSA chose the maximum, a 10-year statutory897maximum for malicious harm. To whom? Patients? No. He didn't898name any patients. To doctors? They're not protected by HIPAA.899The hospital? No. Dr. Haim wanted to protect these children,900not go after them.901    There were numerous factual errors in the indictment. It902stated that Dr. Haim was not treating patients at TCH during903the time that it was alleged, but he was, and their own904discovery pointed it out. They had to redo the indictment905because of that. They said Dr. Haim was not authorized to906access patient records, but he was. A law firm conducting an907internal investigation of the hospital concluded just that, and908that was reported in discovery. When I go to the AUSA and tell909her that, she says, ``We disagree with them.'' This was going910to be their witness for this case. He was authorized. Legal911insufficiencies--without authorization was rejected by the912Supreme Court in a decision by the Van Buren--913    Mr. Roy. Mr. Lytle, I'd ask you to wrap up your opening914statement.915    Mr. Lytle. Thank you. On January 24th, so this was a916runaway train with the AUSA in Houston, Texas, as its917conductor. On January 24th, the U.S. Attorney's Office918dismissed the charges against Dr. Haim with prejudice. The919misconduct throughout the investigation and prosecution was920truly exceptional. The conflicts of interest and bias displayed921against Dr. Haim should never have played a role in the922prosecutor's mind, but it did, but I'm happy to answer your923questions.924    [The prepared statement of Mr. Lytle follows:]925    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]926927    Mr. Roy. I appreciate it, Mr. Lytle.928    Ms. Sivadge, the time is yours.929930                  STATEMENT OF VANESSA SIVADGE931932    Ms. Sivadge. Good afternoon, Chair Roy, Chair Jordan,933Ranking Member Scanlon, and the Members of the Subcommittee. My934name is Vanessa Sivadge. I'm a pediatric nurse with 10 years of935experience caring for the health and well-being of children. I936would like to thank the Committee for inviting me to testify937today.938    My story is about shining a light on how children are being939irreversibly harmed, the egregious overreach and weaponization940of the Federal Government, and what it means to stand for truth941no matter the cost.942    My employment at Texas Children's Hospital began in 2018.943In 2021, I accepted a position within the hospital system in an944outpatient multispecialty clinic. I accepted this job not945knowing that children confused about their biological sex were946being prescribed cross-sex hormones and puberty blockers at my947workplace.948    Over the next three years, disturbing trends and concerning949practices emerged. I observed the harmful effects of sex-change950hormones and puberty blockers for children who were convinced951this would be, quote, ``life-saving treatment.'' I witnessed952how doctors emotionally blackmailed parents by telling them953that, if they did not affirm their child's delusion, their954child would harm themselves.955    In particular, I was saddened to see young girls suffering956from profound mental health struggles, like depression or957anxiety, many of whom had also suffered sexual abuse or trauma,958persuaded by doctors at TCH that hormones would resolve their959gender confusion. History books will one day record this960emotional blackmail as the greatest lie ever sold by the961medical industrial complex to vulnerable parents and confused962children.963    In May 2023, I read an article about a whistleblower within964the hospital who had come forward to expose the existence of965their secret transgender program. To affirm this testimony, I966became the second anonymous whistleblower in Christopher Rufo's967subsequent article where I provided my experience as a nurse968working in the endocrine clinic.969    Two months later, on July 24, 2023, my husband and I were970hosting friends in our home for dinner when there was a knock971on the front door. Two agents from the Biden-Harris Justice972Department flashed their badges, said they were from the FBI,973and asked specifically to speak with me about issues at my974work. I was stunned, and time seemed to stand still. These975agents informed me that they had come to my home because they976knew what I believed.977    What did I believe? In 2022, I had written an op-ed for the978Washington Stand at the Family Research Council in which I was979publicly critical of so-called gender-affirming care and I980condemned the medical profession for abandoning biological981realities and putting profits over patients.982    These two FBI agents apprised me that they were seeking to983uncover the identity of the first whistleblower. Instead of984referring to him as such, they used the term ``leaker'' who in985their words had violated HIPAA. I knew this was a lie, because986I had read the article and its contents, in which all987personally identifiable information--patient information had988been carefully redacted. We now know that this whistleblower989was Dr. Eithan Haim, but, at the time, I had no knowledge of990who he was.991    One agent effectively asked me to compromise my Christian992convictions and made veiled threats against my career and993safety if I didn't comply with their demands. He said that994someone at my work had given him my name, and they could make995life difficult for me if I did not collaborate with their996efforts.997    Their visit was designed to intimidate me into believing998that I had no other choice but to cooperate with their witch999hunt. Our doorbell camera captured part of this exchange, now1000viewed over six million times in which the overreach of the1001government was on full display.1002    I was disgusted by how the FBI was mobilized against me1003because I had a politically incorrect belief. My faith in Jesus1004Christ informs my belief that men and women are made in the1005image of God and therefore unique in their biology, anatomy,1006and function. These distinct identities and roles cannot ever1007be socially redesigned or medically reassigned.1008    In the months that followed, I noticed discrepancies in the1009paperwork. My job consisted of refilling medications and1010obtaining insurance approval for those medications. I1011discovered how Medicaid was being billed for transgender1012interventions in direct violation of Texas law. I came forward1013publicly in June 2024 to expose this. I also observed how TCH1014had misdiagnosed patients for the purpose of justifying those1015treatments.1016    Additionally, the hospital had changed medical records by1017listing the preferred gender identity on a medical record1018instead of the birth sex, making fraudulent billing difficult1019to detect.1020    In August 2024, TCH fired me in retaliation for blowing the1021whistle. I am testifying today because I firmly believe that1022the weaponization of the government to silence political1023enemies must end. Whistleblowers display courage in a culture1024of cowardice when speaking the truth and safeguarding the well-1025being of children.1026    [The prepared statement of Ms. Sivadge follows:]1027   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]10281029    Mr. Roy. Ms. Sivadge, thank you for your testimony.1030    Mr. Lesley, the time is yours.10311032                   STATEMENT OF BRUCE LESLEY10331034    Mr. Lesley. Thank you, Mr. Chair, Chair Roy, Chair Jordan,1035Ranking Member Scanlon, and the Ranking Member Raskin, thank1036you so much for the opportunity to testify today on behalf of1037First Focus on Children. I'm grateful for the opportunity today1038to testify about the plight of our Nation's children.1039    I come before you today not as a doctor or a lawyer but as1040a child advocate. I grew up in what was at the time one of the1041poorest cities in the country, El Paso, Texas. My parents were1042raised in the Texas panhandle in difficult circumstances and1043sought out education in pursuit of a better life. They both1044became teachers, and I would hear them talk about the many1045factors of importance to the education of children, including1046their health, their development, their economic status,1047nutrition, housing, and safety.1048    When I was a child growing up in El Paso many, many moons1049ago, 40 percent of the children in our community did not have1050health insurance. I had a classmate who died because he did not1051have access to healthcare. It felt then and it still feels so1052wrong. Even today, Texas leads the Nation in the percentage of1053uninsured children. We must do better.1054    In my capacity at First Focus on Children, which Colin and1055Alma Powell initially founded as part of America's promise, our1056operating premise has been the children's issues are and should1057remain bipartisan, and then we must listen to and lift up the1058voices of children in these discussions. I would assert that1059almost every issue is either a children's issue or has a1060children's angle that is often ignored or missed.1061    I would like to refer to you some examples of our work.1062These things we've sent to your offices, but one is our1063children's agenda, and another is our children's budget. I1064include those in my testimony as well, in my written testimony.1065    Unfortunately, on many measures of child well-being,1066children are not faring well. The list of issues threatening1067today's children is staggering and growing. Infant mortality is1068on the rise. Child mortality is on the rise. Child poverty is1069rising. Uninsured rates for children are growing. The1070children's mental health crisis is soaring. Measles and other1071preventable diseases, including pertussis, are back.1072Homelessness is up. Hunger is surging. Childcare is in crisis.1073Child abuse deaths are increasing.1074    These are not niche or isolated problems. They are the1075founda-1076tional issues of childhood and human development going unmet,1077and, worse, symptoms of how we are neglecting and failing our1078youngest children.1079    Although many of these trends and issues are not directly1080under the jurisdiction of this Committee, they are all1081important because the children who come to the attention of1082this Committee, such as those either in the juvenile justice1083system or whose constitutional rights are threatened, have1084often been repeatedly failed elsewhere.1085    When we underfund mental healthcare, ignore child poverty,1086fail to provide inclusive education, and prioritize1087children's--and failed--and politicize children's issues, we1088create crises that spill over into our legal and judicial1089systems. In my written testimony, I provided examples of that.1090    Budgets, as the Ranking Member noted, reflect our values,1091whether our family's budget or that of the Federal Government,1092and they can tell us about what we think about kids and whether1093we are making wise investments in their future. When it comes1094to children, study after study demonstrates that money matters1095and return on investment in them is among the highest that1096society can make toward its future. Investing early in our1097children leads to better outcomes.1098    Despite pronouncements from administration officials, such1099as Vice President J.D. Vance and DOGE's Elon Musk, about the1100needs to promote more births in the United States and support1101for families to ensure our long-term economic prosperity, the1102actions and policy proposals coming out of the administration1103indicate that children are likely to be targeted for1104significant program and funding cuts.1105    Even today, the House is scheduled to vote on a budget1106resolution that could potentially result in $880 billion in1107cuts in the two--to the Energy and Commerce Committee, which1108the Congressional Budget Office recently confirmed that 961109percent of the available cuts in that Committee would be to1110Medicaid and CHIP. For the over 47 million children who rely on1111Medicaid for their health coverage, these programs are a1112lifeline. Consequently, well over 300 organizations at the1113Federal, State, and local levels have co-signed a letter in1114opposition to these cuts.1115    Children are being negatively impacted by the actions of1116DOGE, OMB, and OPM in other ways. Many of them are noted in my1117testimony, including the potential demolition of the Department1118of Education, which is the one Committee--the one seat at the1119table at the President's Cabinet that is predominantly focused1120on kids.1121    I earlier talked about the crisis of measles in the Chair's1122State of Texas, but I would also note that pertussis and1123whooping cough are now 50 times the level of what they were at1124this time in 2023. There have also been two deaths of children1125in the State of Louisiana.1126    I also pointed out in my testimony about the public1127supports investing in children, and, last, I just want to note1128that Ranking Member Raskin reminds us in his outstanding book1129``We the Students'' that the Constitution does not begin at1130adulthood. Students have exercised--1131    Mr. Roy. Mr. Lesley, I'll ask you to wrap up--like I did1132Mr. Lytle. I'm giving you a little extra time because I gave1133him some, but if you could wrap it up, I'd appreciate it.1134    Mr. Lesley. Sure. I appreciate that. This is a difficult1135balancing act when it comes to children's rights, which we must1136weigh, either affirming or conflicting roles of parents and1137government. I would urge that it is imperative that, when a1138child cries out for help, whether it's sick, abused, hungry,1139homeless, or a victim of gun violence, that we listen to them.1140Thank you.1141    [The prepared statement of Mr. Lesley follows:]1142   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]11431144    Mr. Roy. Thank you, Mr. Lesley, for your testimony.1145    We will now proceed under the five-minute rule with1146questions.1147    Without objection, Mr. Cline, a Member of the Full1148Committee, will be permitted to participate in today's hearing1149for the purpose of questioning the witness if a Member yields1150him time for that purpose.1151    Without objection. With that, I will recognize the1152gentleman from North Carolina, Mr. Harris.1153    Mr. Harris. Thank you, Mr. Chair, and thank you for this1154hearing today, and thank all of you as panelists for being a1155part of this.1156    Dr. Haim, can you just share, why did you decide to speak1157out against gender reassignment practices at Texas Children's1158Hospital?1159    Mr. Haim. The reason, and that's a really important1160question because what would animate a person to risk his entire1161career to blow the whistle about something like this? It was1162because all my experience working with children at Texas1163Children's Hospital, which is an amazing hospital, by the way--1164they have some problems in their leadership, but what the1165doctors do and nurses do on a daily basis is amazing.1166    The reason is because I understand and I've seen the1167effects of what these blockers do, what these hormones do, and1168what these surgeries do. They are destroying the lives of these1169children. They're putting them down a road where they become a1170chronic medical patient that they can never come back from, and1171especially the surgical complications. I see these things all1172the time.1173    We're talking about urethral stenosis, where you can't go1174out to a coffee shop and go to the bathroom because the urethra1175is narrowed so that fluid builds up in the bladder, right?1176Talking about fistulas where stools from the rectum can pour1177into the wound that they call the neovagina. A lot of them1178don't see these problems in the first couple of months, even1179the first couple of years. This is what happens, right?1180    Understanding that, when I was at TCH, we would take1181children to the operating room, right? We would make them1182better. In the same operating room, they were taking them there1183and making them sick. They were putting them down a road that1184they can never come back from. Could I call myself a doctor if1185I didn't speak up against it? Right?1186    I couldn't blow the whistle to TCH. They were the ones who1187were responsible for the misconduct. I couldn't blow the1188whistle to CPS. You know how many children I saw at TCH who1189were being abused? I saw one kid who had his fingers amputated1190by his parents, right? I was taking care of him. The next day,1191I was in that room. Who was in the room with the patient? The1192parents. Who did the kid go home to? The parents. CPS, what1193were they going to do? What was I to do in that situation? I1194had to blow the whistle. It was my responsibility as a doctor.1195If they're going to mutilate and sterilize these children,1196someone has to speak up for those kids.1197    Mr. Harris. While some on the other side may argue that1198pursuing so-called gender-affirming care is up to a child and1199his or her parents, I do believe it's the role of the1200government to protect children from child abuse. Let me ask you1201this, Dr. Haim: Do you think the government has a1202responsibility to protect children from these practices?1203    Mr. Haim. I do, especially when doctors and medical1204associations are deceiving parents and children about what1205exactly they're doing. They say this is evidence-based. That's1206a complete--that's a bogus statement. All the evidence they1207have is completely fraudulent. The way the studies are designed1208are meant to provide them with a certain result. This is what1209we call fraudulent science. These are fraudulent studies. When1210the doctors who are informing these parents are misinformed1211about the pathology that they're treating, that's not informed1212consent.1213    Mr. Harris. What do you think it says about the Biden1214Administration that they chose to villainize you rather than1215shut down the chemical castration of children?1216    Mr. Haim. That was a standard operating procedure, wasn't1217it? Right? Because they were trying to send me to prison. How1218many other people were they trying to send to prison for doing1219the right thing, for fulfilling the oath of my profession to do1220no harm, right? Part of that is to make sure that the other1221people in my profession are not harming people.1222    Mr. Harris. Exactly. Well, Ms. Sivadge, I want to talk for1223just a moment on the last minute or so that we have left about1224the underlying ideology that motivates the mutilation of1225children, which is gender ideology. Gender ideology poses that1226sex and gender are separate concepts and that one can change1227their gender. This belief is an affront to reality itself, and1228it is no surprise that gender ideology in practice leads to the1229mutilation and castration of these innocent children.1230    Ms. Sivadge, I want to pose this question to you because1231you have a background as a pediatric nurse. Can a child be born1232in the wrong body?1233    Ms. Sivadge. Thank you so much for your question. Children1234are made in the image of God, and they have a distinct purpose,1235and they can--this statement that we're all here to defend1236today that boys can't become girls and girls can't become boys1237was not controversial up until very recently, and so we're here1238just to amplify some very basic truths and realities.1239    Mr. Harris. At Texas Children's Hospital, you watched kids1240get diagnosed with gender dysphoria and then get treated1241through chemical and surgical intervention. Just in the closing1242seconds, can a child meaningfully consent to these life-1243altering practices?1244    Ms. Sivadge. They have absolutely no concept of what it1245means to be irreversibly harmed at the age that they are at.1246That's why we need doctors and medical professionals who are1247going to advocate on their behalf with the truth.1248    Mr. Harris. Thank you. Mr. Chair, I'm out of time.1249    Mr. Massie. [Presiding.] Thank you.1250    I now recognize the Ranking Member of the Full Committee,1251Mr. Raskin.1252    Mr. Raskin. Thank you, Mr. Chair.1253    Dr. Haim obviously is a man of strong ideological1254convictions about this issue, and I assume they're sincerely1255held, but he's one doctor who thought his convictions were more1256important than State law in Texas at the time, the medical1257privacy of the parents, their ability to make decisions for1258their own children, and the wishes of the parents and of the1259patients in the case.1260    Now, Mr. Lesley, Mr. Lytle says that there could have been1261no violation of HIPAA because the children's names were removed1262before the rest of the information was released to Christopher1263Rufo in the media, but it seems to me that some credence should1264be given to the families which thought that there was1265sufficient personally identifiable information that people1266would figure out exactly who they were.1267    In any event, it seems to me that it's off point because1268HIPAA says this: A person who knowingly and in violation of1269this part uses or causes to be--(1) uses or causes to be used a1270unique health identifier; (2) obtains individually identifiable1271health information relating to an individual; or (3) discloses1272individually identifiable health information to another person.1273    Let's say, even if you grant Mr. Lytle his point, which I1274don't--because a jury is obviously not going to figure it out1275at this point, but the families thought that it was readily1276identifiable--but, even if it's the case that they were to win1277on that issue, isn't it the case that he obtained individually1278identifiable health information relating to the individual?1279Isn't HIPAA all about other people not getting into your1280medical records? Isn't that what it's about?1281    Mr. Lesley. Mr. Raskin, I am not an expert on HIPAA, but I1282did work in the Senate when we passed HIPAA, and I would say1283that it does, based on their testimony today, I don't have--1284    Mr. Raskin. OK. Well, Mr. Lytle, let me come to you. Let's1285talk about measles for a second. I don't know if you've1286followed my original analogy; I'm just trying to figure this1287out. All of this is new to me. It seems to me that, under the1288example of Dr. Haim, if I'm in Texas and it's law that the1289children have to get measles vaccine and I hear that some of my1290colleagues' patients, not my patients but their patients, have1291not been vaccinated, now, under this precedent, should I be1292authorized to break into the computer system or get access to1293the computer system, access their records, and then release to1294the media or some ideological organization this data to pursue1295the political mission I have, which, say, is completely1296sincerely motivated because I don't want kids to get measles?1297    Mr. Lytle. Well, thanks, Ranking Member Raskin.1298    I don't know the exact example of the measles situation you1299are dealing with, but--1300    Mr. Raskin. No, but I am hypothesizing it.1301    Mr. Lytle. I would say--1302    Mr. Raskin. I have not heard of a doctor getting access to1303other doctors' patients' material against their will or without1304their knowledge before and then releasing it on the media.1305    Mr. Lytle. A couple of important points here. Dr. Haim1306didn't break into any systems. He was authorized to see these1307records that he reported on by the hospital.1308    Mr. Raskin. By whom?1309    Mr. Lytle. By Texas Children's Hospital, and the prosecutor1310knew that. I talked about that in my order--1311    Mr. Raskin. He released their information with the--1312    Mr. Lytle. He was authorized to see this information.1313    Mr. Raskin. To see the information.1314    Mr. Lytle. Yes.1315    Mr. Raskin. Was he authorized to release the information?1316    Mr. Lytle. He was because he was a whistleblower, and he1317was reporting wrongdoing.1318    Mr. Raskin. You were saying the hospital authorized him to1319take this information to the media?1320    Mr. Lytle. The hospital doesn't have to authorize it. He's1321a whistleblower, and you can go to law enforcement. Congress1322authorizes whistleblowers.1323    Mr. Raskin. OK. Well, can you explain why Dr. Haim did not1324follow Texas State law and went to the Department of Social1325Services or another medical authority or law enforcement1326authority; why he went to an ideological organization in the1327media?1328    Mr. Lytle. He went to a law enforcement agency, the Texas1329Attorney General's Office, and he went to the media. This body,1330Congress, favors going to the media for whistleblowers. He also1331went to an Attorney General. He went to the Attorney General.1332    One thing I wanted to comment about--1333    Mr. Raskin. You don't think he should have followed State1334law? Every State in the country has a mandatory reporting1335regime for people who are dealing with children, and you are1336supposed to go to proper medical authorities or to the police1337if you think someone is being subjected to child abuse.1338    Mr. Lytle. That's exactly what he did. He went to the Texas1339Attorney General's Office, and he reported child abuse, which1340was defined by the Texas Attorney General at that time as child1341abuse.1342    Mr. Raskin. OK.1343    Mr. Lytle. One thing you mentioned about whether he1344disclosed of--1345    Mr. Raskin. I understand that he went to Mr. Rufo and that1346he went to the media--1347    Mr. Lytle. --not to disclose patient information. He1348redacted patient records. I would like to point out that the1349government in their indictment put initials of patients in1350their indictment. That revealed more about the patients than1351Dr. Haim ever did.1352    Mr. Raskin. All right.1353    Mr. Lytle. I think that's a problem.1354    Mr. Raskin. Reclaiming my time.1355    Dr. Haim. They never charged disclosure. Excuse me. They1356never charged me with disclosure.1357    Mr. Raskin. Reclaiming my time. If I could have these 101358seconds back just so I can conclude, Mr. Chair.1359    We're going down a very dangerous road here where every1360citizen can appoint himself or herself a medical vigilante. If1361I don't like the way some other family is raising their kids1362with their doctor, I can go get their information and release1363it into the public.1364    Mr. Roy. [Presiding.] The gentleman's time has expired.1365    Mr. Raskin. I yield back.1366    Mr. Roy. I will now recognize the gentlelady from Vermont1367for a unanimous consent request.1368    Ms. Balint. Yes. I have a unanimous consent request. This1369is a letter that I received, and I believe both Mr. Jordan and1370the Chair received, from Texas Children's Hospital saying that1371TCH physicians have never performed a sex change operations on1372minors. I believe it's a letter that you have received, and you1373have in your possession. What was said earlier is actually not1374in fact true. Thank you.1375    Mr. Roy. Is that a request to put it in the record?1376    Ms. Balint. Yes, I ask unanimous consent.1377    Mr. Roy. Without objection.1378    I will now recognize the gentleman from Kentucky, Mr.1379Massie.1380    Mr. Massie. Dr. Haim, did you want to respond to something1381Mr. Raskin said?1382    Dr. Haim. Well, yes. I can understand how whatever you1383read, why you would be upset or have this idea that all these1384awful things. The fact is that none of that is true. They never1385charged disclosure. They tried in their first indictment, but1386that wasn't true. That's why they had to change it. Who were1387the patients in the indictment? Do you think they were1388transgender patients like, right, the first count? No, it was1389transplant patients, surgical transplant patients. Why would a1390general surgery resident at Baylor College of Medicine, with1391the largest transplant program in the world for kids, be1392accessing surgical transplant patients?1393    Mr. Raskin. You didn't get a response from the Attorney1394General--1395    Mr. Massie. Excuse me, it's my time.1396    Mr. Roy. No, it's the gentleman's time.1397    Dr. Haim. No, that's legitimate. Yes, because--no, you're1398right. It's like you have to have a certain pathway to blow the1399whistle. Yes, and that's things we tried. We reached out to the1400Attorney General's Office, and we left them messages, but they1401didn't get back to us.1402    Mr. Massie. Thank you. Thank you. This is my time.1403    Thank you, Dr. Haim. I now yield my time to Mr. Cline from1404Virginia.1405    Mr. Cline. Thank you for yielding. I want to thank the1406witnesses for being here.1407    Dr. Haim, you followed the whistleblower statutes. You1408heard that letter being introduced. Do you want to respond to1409that letter?1410    Dr. Haim. I have no idea about that. Because what they were1411doing is inserting puberty blockers into children for gender1412dysphoria. That was ICV code. Right? What these blockers do is1413change the cellular chemistry of the entire body: The bones,1414the brain, the heart, the blood vessels, and everything. That1415is the second step on the pathway. Social affirmation first;1416blockers, Tanner Stage II before the onset of puberty;1417hormones; and then surgery.1418    That's sex-change procedures. Trust me, I've done these1419procedures before on children with precocious puberty. Yes,1420it's not that difficult to insert it, but removing it, that's a1421real pain in the butt because you have to dig out those1422implants from kids' arms.1423    Mr. Cline. That letter is misleading at best; false, if1424worse?1425    Dr. Haim. I have no idea.1426    Mr. Cline. It's clear you followed the whistleblower1427statutes. You did not reveal any individually identifiable1428information about these patients. In response to that, you1429faced baseless criminal charges from the Biden Administration1430DOJ for alleged HIPAA violations, and thankfully the cases were1431dismissed. You have spoken out about being targeted by the1432Biden-Harris Administration for exposing these practices. From1433your perspective, was this a case of the administration1434weaponizing law enforcement to intimidate you and other1435dissenters?1436    Dr. Haim. Yes, of course, and you know the other thing to1437say is there was a lecture at the hospital where they were1438talking about doing it. That's why I released. I have no idea1439where that thing will come from. Of course, yet, this is one of1440those situations where, of course, they see someone like me,1441who has everything to lose at the beginning of my career,1442right.1443    I didn't know anyone. We're very private people. I didn't1444even have social media. They thought they were going to destroy1445us. We're going to bring kids into this world. I wouldn't want1446this to be done to anyone, not even liberals--even if they're1447the craziest Communists ever. There's nothing that should be1448done, because there is someone that's accused of crimes they1449never committed. That's the important thing, there's no one in1450this country who should be falsely accused, and the entire1451power of the Federal Government should be brought down on them.1452    I can't even imagine that--my biggest fear is for something1453like this to happen to anyone, even someone on the other side.1454    Mr. Cline. It has a chilling effect, doesn't it?1455    Dr. Haim. It's terrifying. I would never want this done to1456any of the people who came after me, right? Even though they1457were trying to send me to prison for a decade, I would never1458want this to happen to them ever, right? Ever. If it's1459happening to me, how many other people is it happening to? It's1460not even political, right? It's just that there has to be a1461certain standard with our justice system where people can't1462just bring these charges and power through the courts and send1463these people to prison because that's what was going to happen1464to me.1465    Mr. Cline. Mr. Lytle, do you believe there's a double1466standard in how the Federal Government treats whistleblowers,1467depending on whether their disclosures help or hurt the1468administration in power?1469    Mr. Lytle. Absolutely. This case is an example of that. You1470have heard the testimony about references to a political1471debate. Red State, Blue State, however that might have been.1472Dr. Haim should never have been charged with a crime for1473expressing his views and being a whistleblower. He came1474forward.1475    It's extremely rare for anyone to be charged with criminal1476HIPAA violations, let alone the maximum 10-year charge. It's1477really outrageous. The fact that he was charged in this way1478shows that the prosecutor was out to get him. He was biased.1479    Mr. Cline. Thank you. I yield back.1480    Mr. Massie. My question is: Are these prosecutors and FBI1481officials still employed by the Federal Government? Mr. Lytle,1482do you know?1483    Mr. Lytle. I believe so. I don't know for sure.1484    Mr. Massie. Ms. Sivadge, do you know if those FBI1485officials?1486    Ms. Sivadge. I'm not sure.1487    Mr. Massie. OK. Thank you. I yield back.1488    Mr. Roy. I thank the gentleman from Kentucky. I'll now1489recognize the gentlelady from Vermont.1490    Ms. Balint. Thank you, Mr. Chair.1491    I just want to say at the top that the Chair said earlier1492that we should really look at these as personal issues, family1493issues. I agree. I don't know why we continue to have hearings1494in here about the lives of transgender Americans and their1495families.1496    I agree with you, Mr. Chair. So, I question what we're1497doing here. I have spent a lot of time in Congress working to1498demystify gender-affirming care. I never thought that's what I1499would be doing in Congress. I ran on issues related to housing1500and mental healthcare. I was an educator. I never thought I1501would have to do this all the time in these Committee hearings.1502    I just want to get down to some basics. Let's get it out of1503the way here: Transgender people exist. They exist, period.1504They always have. Gender-affirming care is healthcare, and it1505is evidence-based, and it has saved lives. Reputable medical1506associations agree.1507    Decisions made for children by their families should be1508made in consultation with their doctors. It should not be1509Members of Congress trotting people out here to talk about1510people's personal, private medical information, decisions, for1511everybody to see.1512    In my very first session, we had another hearing in which1513transgender Americans and their families were demonized.1514    Where you're sitting, Mr. Lesley, there was a parent1515sitting right there, and she identified herself as a Christian1516Republican mom of a transgender young person. She sat right1517where you're sitting, imploring my colleagues on the other side1518of the aisle to let it go because she was one of them, ``I am a1519Republican.'' She said,15201521        I care about my family. Why do you continue to demonize me and1522        my family? It's our personal business, and I'm trying to do1523        what's right for my kids.15241525That's what all families are trying to do. I have two kids1526myself. So, again, I ask, what are we doing here?1527    Now, my Republican colleagues can continue to scapegoat,1528and fear-monger this very tiny group of individuals in this1529country at the same time saying they care about families, that1530they care about helping kids and families.1531    When we look at the budget that they are trying to pass,1532which my colleague has said,15331534        It cuts $880 billion for Medicaid, which is going to impact1535        children's hospitals across this country. It's going to impact1536        food assistance programs. It's going to impact WIC.15371538    Why don't we have a hearing on what we actually can do in1539Congress to help children across that country? Why are we doing1540that?1541    Mr. Lesley, I am so grateful that you are here. I was1542looking before this hearing about all the work that you have1543done on behalf of kids.1544    Just really quickly, is infant mortality rising in this1545country?1546    Mr. Lesley. Thank you for your question, Congresswoman1547Balint. Yes. The answer is yes, and for the first time in1548decades. Yes.1549    Ms. Balint. Is child mortality rising?1550    Mr. Lesley. Child mortality is absolutely rising. Our1551Nation's child mortality rate is well above all other healthy1552nations.1553    Ms. Balint. Is child poverty rising, Mr. Lesley?1554    Mr. Lesley. Child poverty is growing. It has more than1555doubled since the low in 2021 with the the expiration of the1556Child Tax Credit.1557    Ms. Balint. Is the mental health crisis among kids and1558teens rising?1559    Mr. Lesley. The entire children's advocacy community sees1560that and argues that we are in the midst of an enormous1561children's mental health crisis.1562    Mr. Raskin. Would the gentlelady yield really quick.1563    Ms. Balint. I will.1564    Mr. Raskin. Additional question: What is the leading cause1565of death for children under the age of 18 in America?1566    Mr. Lesley. The biggest reasons for child mortality are1567suicide and homicide.1568    Mr. Raskin. Gun violence.1569    Mr. Lesley. Yes, gun violence.1570    Mr. Raskin. I yield back to you.1571    Ms. Balint. Mr. Lesley, given that the number of trans-1572Americans in this country is hovering at about one percent, do1573you think we would be better served by really focusing on1574policies that would help all children and all teens? What are1575some of those programs, just briefly, that we should be focused1576on?1577    Mr. Lesley. Absolutely. We believe strongly that medical1578decisions should be made by doctors, parents, and children in1579this country. We believe that we must improve Medicaid in the1580Children's Health Insurance Program, not cut it by $8801581billion. We believe that we should make sure that children1582don't go to bed hungry. We should not be cutting SNAP and WIC.1583We believe that education programs are fundamentally important.1584    I know that, in the tax debate that's coming up, there will1585be a debate around the Child Tax Credit.1586    Mr. Roy. Mr. Lesley, I'm going to ask you to wrap up. We're1587over the time.1588    Mr. Lesley. One of the crazy policies we have in this1589country is that, when you have a baby and your income drops,1590you're susceptible to losing your Child Tax Credit. It makes no1591sense.1592    Ms. Balint. Yes.1593    Mr. Roy. I thank the gentlelady for her questions. I will1594now recognize the Chair of the Committee, Mr. Jordan.1595    Chair Jordan. Thank you, Mr. Chair.1596    Dr. Haim, on June 23, 2023, you get a letter from the1597United States Department of Justice, Southern District of1598Texas, a letter that probably ruined your whole day, right?1599    Dr. Haim. Ah, well, so the agents came. This was a few1600hours before I was graduating from surgical residency. The1601ceremony was later that evening. I was meeting with my parents1602and my sister. I was going with my wife. When the agents came,1603I refused to speak with them. My wife had advised me to not1604speak with them without an attorney present.1605    Chair Jordan. Yes.1606    Dr. Haim. We knew that it was so corrupt what they were1607doing that there was a certain sense of defiance. So, we1608celebrated this new part of our life. It was kind of a hard1609thing to describe, but something kind of came over us.1610    Chair Jordan. The first two sentences,16111612        This office is involved in investigations due to Federal law1613        violations. You are a potential target in this criminal1614        investigation.16151616You didn't want to talk to these guys. You listened to your1617wife, which was good counsel and good advice and good that you1618did that. You did go get an attorney, and you got the guy1619sitting beside you. Is that right?1620    Dr. Haim. Yes, sir.1621    Mr. Lytle, when you understood what was going on here, you1622contacted--just like you would as an attorney--you contacted1623the Southern District of Texas; you contacted the lady who1624signed this--and sorry the Assistant U.S. Attorney. Is that1625right?1626    Mr. Lytle. Yes, I did.1627    Chair Jordan. Tell me about that conversation.1628    Mr. Lesley. Well, I reached out to her as a defense1629attorney would always do when there's a target letter out there1630because that could mean that they are going to charge the1631person right away. That's under Department policies; that means1632they believe he's a putative defendant.1633    Chair Jordan. Normally, that means they think they got a1634slam dunk case on this guy, right?1635    Mr. Lytle. That's right.1636    Chair Jordan. They're going to negotiate some guilty plea.1637You reach out to her. What did she say? Did she know anything1638about the case?1639    Mr. Lytle. She didn't know anything about the case. She had1640to talk to the agents, and she would get back to me when she1641knew more about the--1642    Chair Jordan. She signed the target letter, and she didn't1643know what the target was about.1644    Mr. Lytle. That's my understanding.1645    Chair Jordan. Well, that was great. Then you had subsequent1646conversations. I understand that one of these conversations1647that happened after you learned she didn't know what the heck1648was going on, even though she signed the letter that ruined his1649day, the day he is graduating from medical school--you have1650subsequent conversations, and she says, ``Well, maybe he isn't1651a target. And maybe if he'd come apologize and say `pretty,1652pretty please,' we'd downgrade it to a misdemeanor.'' Is that1653right?1654    Mr. Lytle. That's true. She sort of was a wink and a nod,1655like maybe we can pretend he's not a target. I said that the1656train has left the station. There have been emails with her1657calling him a target to me. I said, ``I just can't do that, but1658why can't we talk about the case?'' She still didn't know the1659facts of the case. She wanted to dead set to be interviewing1660Dr. Haim, which I didn't want to do that as a lawyer because I1661didn't want to reveal--I didn't know what she was getting at.1662    Chair Jordan. They wind up charging him with the maximum,1663like 10 years you said, the maximum they could charge. They1664were so determined to get Dr. Haim. She was so determined to1665get Dr. Haim, even though he didn't violate HIPAA, didn't do1666anything wrong, that she not only threatened him--``come talk1667to me, apologize, say pretty, pretty, please, we'll make it a1668misdemeanor''--she also went after your wife. She also went1669after Dr. Haim's wife. Is that right, Mr. Lytle?1670    Mr. Lytle. That's right. She alluded that she would not1671make any comments, or her agents would not make any comments1672about the background investigators for Dr. Haim's wife, as she1673is a new AUSA being hired, unless she became difficult.1674    I didn't really know what that meant, but I took it to be a1675retaliatory phrase that, if she is going to be involved in1676this, then there's going to be something that's going to come1677for her, too.1678    Chair Jordan. Well, what's she supposed to do? She's a1679lawyer. She's married to Dr. Haim. Is she not supposed to give1680him advice or counsel or talk to him?1681    Mr. Lytle. This whole thing, any kind of--HIPAA as a1682criminal case is so rare in this country. It's rarely ever1683prosecuted. Then, in this context of this political debate1684going on, to come forward and charge Dr. Haim, it seemed just1685really out of control. It really was surprising to me to see1686this kind of a charge.1687    Chair Jordan. It sort of begs the question, why did they do1688it? Why did they do it? It seems so ridiculous. Why this1689behavior? Why do you think they did it, Mr. Lytle, Dr. Haim, or1690even Sivadge?1691    Mr. Lytle. I can say that we found a lot of bias, a lot1692conflicts of interest, a lot of connections to the hospital,1693and a closeness to these families. At the end of day, if there1694was any kind of issue, it shouldn't be handled in the criminal1695courts. It should be handled in the public arena, in the public1696debate.1697    Chair Jordan. Yes. Doctor?1698    Dr. Haim. They went after me so hard to send a message to1699everyone else.1700    Chair Jordan. Of course, they did.1701    Dr. Haim. Because I saw it in my residency, right? The1702other people who thought this was awful, we actually had to1703meet in dark corners. We knew that we couldn't say anything1704publicly.1705    Chair Jordan. That's the point. It's to chill anyone else1706from stepping forward. It's why they went and raid Mark Houck's1707house with all these agents. Why they would send multiple1708agents to--the ATF goes into Bryan Malinowski's house, and he1709ends up getting shot. They thought he had like six gun1710violations. It's why they do it. It's to chill anyone else from1711coming forward: ``We will make life miserable for you,1712miserable for Sivadge. We will do that because we don't want1713anyone else threatening the Left's position.'' That is the1714frightening thing.1715    I'll just say this, and I'll let you finish. God bless you1716for doing it, God bless you for doing it, and Mr. Lytle for1717defending you. Thanks for stepping forward and having the1718courage to do so.1719    Dr. Haim. I'll say one more thing, right. They came after1720me to make my life miserable and to send a message. They came1721after me, right, to make my life miserable. We're going to make1722their lives miserable, right? That's what we're doing to do.1723    Mr. Roy. I thank the gentleman for his questions. I will1724now recognize the gentlelady from Washington, Ms. Jayapal.1725    Ms. Jayapal. Thank you, Mr. Chair.1726    The right to privacy is enshrined in our Constitution. In1727the past, this has been a bipartisan issue. In fact, I have1728worked closely with my friend across the aisle, the Chair of1729the Committee, Mr. Jordan, on protecting the privacy of all1730Americans. We both stood up to our own parties sometimes on1731this issue. I am disappointed that it doesn't seem to be a1732bipartisan mandate anymore, and that privacy is pushed to the1733background. Because all Americans would be horrified,1734absolutely horrified to know that, when it comes to healthcare,1735Republicans are suddenly abandoning the need for privacy, that1736Americans' private medical information could be released if1737someone just doesn't agree with their personal treatment plan1738or their private medical conditions.1739    Well, I refuse to give up the fight for privacy for all1740Americans' medical information. A doctor's relationship with1741their patients is predicated on trust and privacy. Patients1742trust their doctors to keep their discussions private and1743everybody else who can access the medical system to keep that1744information private so that patients can freely provide1745information that the doctor can use to best provide care.1746    So, Dr. Haim, please answer yes or no. Are you a general1747and trauma surgeon?1748    Dr. Haim. Yes, ma'am.1749    Ms. Jayapal. When you graduated from medical school, like1750every other doctor, did you take the Hippocratic Oath?1751    Dr. Haim. Yes, ma'am.1752    Ms. Jayapal. Does that oath include a promise to, quote,1753``respect the privacy of patients''?1754    Dr. Haim. Probably.1755    Ms. Jayapal. It does. I can provide it for you if you need1756a refresher.1757    If you or your colleagues had a patient who decided not to1758undergo surgery because of its side effects, would you keep1759that decision confidential in compliance with your oath?1760    Dr. Haim. Yes.1761    Ms. Jayapal. If there was a late-stage cancer patient who1762didn't want to undergo aggressive chemotherapy, should any1763doctor keep that decision confidential in compliance with the1764oath?1765    Dr. Haim. Of course. Absolutely.1766    Ms. Jayapal. Yet, despite your oath to protect patient1767privacy, you have admitted in your testimony today that you1768released the medical records of children who were patients at1769Texas Children's Hospital, correct?1770    Dr. Haim. Incorrect.1771    Ms. Jayapal. You didn't release that information?1772    Dr. Haim. DOJ never charged it.1773    Ms. Jayapal. Did you or did you not release the information1774about children?1775    Dr. Haim. No. Not any identifiable patient information.1776    Ms. Jayapal. Actually, are you aware that the HIPAA1777violations do not just say you can redact a name; you actually1778have to redact multiple--let me--1779    Dr. Haim. No. No, everything I released was HIPAA1780compliant, as confirmed by the DOJ's charges.1781    Ms. Jayapal. The removal of a patient's name alone is not1782enough to satisfy HIPAA's privacy rule requirements. It1783requires, privacy rule require the identified health1784information to be stripped of 18 specific identifiers. Whether1785the DOJ is choosing to charge--or I need to look at exactly1786what you're alleging.1787    Let me just ask you, did the children and their parents1788give you consent to release those records?1789    Dr. Haim. I was--no.1790    Ms. Jayapal. No. All of your patients now have to worry1791that, if you don't agree with somebody's choices of medical,1792whatever they're deciding to do, that you're just going to be1793the sole arbiter of when something should be released. The1794basic claim is, if you don't agree with whatever they're doing,1795then you have the right to access that information under false1796pretenses--under false pretenses--access that medical1797information and release it? We're now depending on you as1798arbiter of those--1799    Dr. Haim. When those children are being mutilated and1800sterilized, right.1801    Ms. Jayapal. So, the answer is yes. You decide when1802somebody's medical records should be released?1803    Dr. Haim. Wait--1804    Ms. Jayapal. Any American out there is going to look at you1805and say, ``Oh, I see, Dr. Haim is the arbiter of whether or not1806my medical records should be released and whether or not I1807should actually pay attention to HIPAA.'' Is that correct?1808    Dr. Haim. Yes, first, it was never under false pretenses,1809right. That entire allegation was incorrect. The DOJ's own1810evidence confirmed that.1811    Ms. Jayapal. Let me just stop you, Dr. Haim, because--1812    Dr. Haim. Children are being mutilated and sterilized.1813    Ms. Jayapal. Dr. Haim, I am just going to reclaim my time.1814    Dr. Haim. I have a doctor.1815    Ms. Jayapal. I actually have the time. I am going to1816reclaim my time because I have something very important to say.1817Look, I think privacy is critically important.1818    It is also true that transgender children are literally 1.41819percent of all adolescents and teens. They are facing a massive1820torrent of bullying and cruelty from Republicans, Members of1821this Committee. When you heard Mr. Lesley say that suicide is1822the number one cause of death among young people, what you have1823done and what these Republicans have done is absolutely1824shameful, in my view, that you are continuing to go after and1825bully transgender children and their families, who literally1826are doing what their doctors have told them, what they know1827medical research to be safe, and you want to be the arbiter of1828when medical information is going to be released?1829    Mr. Roy. The gentlelady's time has expired.1830    Ms. Jayapal. I understand. I don't believe that any1831American would want their medical records to be released. I1832hope that my colleagues who have been with me on privacy will1833understand that this is a grave violation. Thank you, Mr.1834Chair.1835    Mr. Roy. Do you have a response?1836    Dr. Haim. Nothing could be more untrue, right. You have1837people who are undergoing the mental anguish of believing that1838they've been born in the wrong body. What these people need are1839not the most powerful chemicals humans have ever discovered.1840They do not need the most radical surgeries ever invented by1841humans. They need people to listen to them.1842    Ms. Scanlon. Point of order.1843    Dr. Haim. What these doctors are doing are harming these1844people.1845    Ms. Scanlon. Time is up. He can submit an answer.1846    Ms. Jayapal. Mr. Chair, I have a unanimous consent request.1847    Mr. Roy. The gentlelady is recognized.1848    Ms. Jayapal. Thank you. I would like to enter into the1849record the second superseding indictment--not the one that was1850brought by the first prosecutor, but the second one, where, on1851page 3, it specifically says that Dr. Haim was under false1852pretenses accessed the information that he needed and released.1853    Dr. Haim. The Department of Justice--1854    Mr. Roy. Without objection.1855    You'll have a chance to respond to that in the next set of1856questions. We're going to have to recess because votes have1857been called. We're going to recess, subject to the call of the1858Chair.1859    I will tell you that, based on the vote estimates, I'm1860going to guess it's going to be just slightly after 4:00 p.m.1861The witnesses will be able to go back to the back.1862    Everybody wants to come back, let's come back immediately1863following votes. We'll start pretty quickly. Let's try to rush1864back after voting. In that, we're in recess.1865    [Recessed until 4:35 p.m.]1866    Mr. Roy. At this time, we'll call the Committee back to1867order. I believe it is Republican side. I will now recognize1868the gentlelady from Wyoming for five minutes.1869    Ms. Hageman. Thank you. Mr. Lesley, what is the success1870rate of sex-change procedures for children?1871    Mr. Lesley. I am very sorry--if you look at the testimony1872from medical societies, they indicate that--1873    Ms. Hageman. It's zero. You can't change your sex. So, it's1874zero. I want the record to be clear that the Biden1875Administration targeted and prosecuted Dr. Haim and Ms. Sivadge1876for exposing medical procedures, surgery, and pharmaceutical1877intervention that has a 100 percent failure rate. Am I correct,1878Dr. Haim?1879    Dr. Haim. That is exactly correct.1880    Ms. Hageman. OK. Dr. Haim, you have exposed the fact that1881medical providers were providing dangerous and illegal1882treatments to minors. Both the Biden White House and activists1883who are actually running the show behind the scenes didn't like1884what you were exposing. Isn't that also correct?1885    Dr. Haim. That's correct.1886    Ms. Hageman. Do you think that their subsequent Federal1887pressure was brought to bear on you merely--was that merely a1888coincidence, or was it to try to stop you from exposing what1889they were doing?1890    Dr. Haim. It was to prevent me from exposing what they were1891doing and to silence other whistleblowers.1892    Ms. Hageman. Ms. Sivadge, what is gender dysphoria? I ask1893that question because I'm a pretty well-educated person and1894pretty well-read person. This is something that we didn't even1895really know about or talk about three or four years ago? What1896is this?1897    Ms. Sivadge. Gender dysphoria is when a child is confused1898about their birth identity. The key there is the confusion.1899Because the problem is not in the physical body of the child;1900the problem is in their mind.1901    Are we pushing as a society a solution that will1902irreversibly harm and sterilize children's bodies when truly1903the problem is that they are confused about their birth1904identity in their mind?1905    Part of what I've done here and part of why we're here1906today is to affirm and to celebrate ultimately God's design for1907our gender and sexuality, and that should be something that1908should be defended.1909    Ms. Hageman. Well, are there industries that stand to1910benefit financially from these procedures, these industries?1911    Ms. Sivadge. I refer to them as the unholy trinity, which1912is the healthcare insurance companies, the pharmaceutical1913industry, and the hospital system. All three of these1914institutions have much to gain because this is a highly1915lucrative industry that exploits the vulnerabilities of1916children.1917    Ms. Hageman. Why don't you explain that a little bit1918further?1919    Ms. Sivadge. Well, in my case, I came forward to expose1920Medicaid fraud. I saw firsthand how Texas Children's Hospital1921was illegally utilizing Texas Medicaid to fund, quote,1922``gender-affirming care,'' which is really gender-denying care.1923The taxpayers were billed for this. That is illegal in the1924State of Texas.1925    This benefited the pharmaceutical industry because the1926child is put down a path of medicalization making them a1927medical patient for life. The pharmaceutical industry has a1928vested interest in making sure that a child is initiated down1929this irreversible path.1930    Ms. Hageman. Dr. Haim, sex-change hormones and puberty1931blockers are presented to patients and their parents as life-1932saving treatment. What is the reality and effects these1933treatments actually have on children?1934    Dr. Haim. The reality is, is that what they're telling them1935is the opposite of the truth. These hormones, the blockers, the1936surgeries will put them down a path that they can never come1937back from.1938    They always say that it's reversible. Once you start1939changing your physiology from the inside out, right, because1940that's what these hormones do--they change the cellular1941architecture of every single cell in your body in a way that1942you can't take back. It takes a while for the physical changes1943to develop. Once they happen, there's no going back.1944    Ms. Hageman. OK. So, again, you've got lifelong patients as1945a result of these interventions.1946    Dr. Haim. Yes, they were saying that suicide rates have1947gone up. Is it any wonder that the suicide rates have gone up,1948but also the society convincing people that they're born in the1949wrong body, that the way they were created was a mistake, that1950the name their parents gave them is their dead name? Of course,1951the suicide rates are going up. It's exactly because of what1952these people call, quote, ``gender-affirming care.'' What it1953really is, is the destruction of the self.1954    Ms. Hageman. It's a pretty cruel industry as far as I can1955tell. I have a lot more questions I would love to engage in1956with all of you. Thank you for your testimony. Thank you for1957your bravery, and thank you for being here.1958    With that, I yield back.1959    Mr. Roy. I thank the gentlelady from Wyoming. I appreciate1960her sticking to the clock for her questions.1961    Now, I will recognize the Ranking Member.1962    Ms. Scanlon. Thank you. I have a couple of articles for1963unanimous consent. The first is a news article entitled,1964``Texas Children's Hospital Halts Hormone Related Prescription1965Therapies for Transgender Children,'' dated March 4, 2022,1966where the report notes Texas Children's Hospital said they're1967pausing specific treatments after State leaders decided to ask1968Child Protective Services to investigate.1969    The second one, ``Houston Pediatric Chief's Abrupt Exit1970Triggers Fear and Disappointment within the Transgender1971Community.'' It's a May 3, 2022, Houston Chronicle article1972where the report notes that the hospitals continued to care for1973transgender patients in light of a recent statewide injunction.1974    Mr. Roy. Without objection.1975    Ms. Scanlon. Thank you.1976    Mr. Roy. I now recognize the gentleman from New York, Mr.1977Goldman, for five minutes.1978    Mr. Goldman. Thank you, Mr. Chair. I just wanted to1979followup on your last answer, Dr.--is it Haim?1980    Dr. Haim. Haim, yes, sir.1981    Mr. Goldman. You believe that the suicide rate for people1982identified as transgender is going up because they are being1983told by other people that they are in the wrong body; is that1984what your testimony is?1985    Dr. Haim. Yes.1986    Mr. Goldman. The suicide rate is not going up because there1987are people like you who are telling them that they must be1988mistaken if they feel something different than what you think1989they should?1990    Dr. Haim. That question was a little worded--can you1991clarify?1992    Mr. Goldman. Sure. It relates to Ms. Sivadge as well. It's1993pretty remarkable to hear that the reason why the suicide rate1994in the transgender community is so much higher than other1995communities is somehow because these innocent kids, who don't1996want any of this gender-affirming care, who don't go to their1997parents and talk at length about how they're feeling, and1998instead are through their parents that are controlled by some1999transgender industrial complex to convince transgender people2000that, no, even though unquestionably your life would be so much2001simpler if you just carry on as you are, because you wouldn't2002be the subject of a hearing in a Subcommittee based on one2003case. It's pretty shocking to me that that actually is the2004rationale. It does clarify a lot for me because I wonder--you2005talk about the actual care and the impact that it has on these2006children. Is it your testimony here today that the doctors who2007provide that care to the children don't know what the impact it2008has on the kids?2009    Dr. Haim. Yes, I would say, first, it's not care because2010what they're doing is harming the patients. That's exactly what2011I would say. The doctors who are doing this are misinformed2012about what they're doing. They don't understand the pathology2013they're treating because gender dysphoria is a problem of the2014mind, but they're using solutions of the body. That is where2015you're wrong.2016    Mr. Goldman. It's a dysphoria of the mind. So, psychiatric2017care is what they need?2018    Dr. Haim. I believe yet--2019    Mr. Goldman. Maybe conversion therapy?2020    Dr. Haim. Excuse me.2021    Mr. Goldman. Conversion therapy maybe?2022    Dr. Haim. What do you mean by ``conversion therapy''?2023    Mr. Goldman. You know everything about the medical field;2024I'm sure you understand what conversion therapy is.2025    Dr. Haim. Well, I would--conversion therapy is using2026hormones the process--2027    Mr. Goldman. It was a concern. I'll reclaim my time. Let me2028ask you a little bit about the process.2029    I am sorry. I only have five minutes. Let me ask you a2030little bit about the process. I heard your testimony earlier to2031be that you saw this happening,--and I'm not going to get into2032the details as to what Texas Children Hospital represented it2033was doing or not doing. They clearly say they never had2034anything secretive; they were following the law. You felt like2035you had come on something that was very damaging to child2036patients.2037    Obviously, you're aware of HIPAA. I assume you're aware of,2038as a medical doctor, what your obligations are to report2039anything you see as child abuse or something similar through a2040particular chain. Is that correct?2041    Dr. Haim. Yes, sir.2042    Mr. Goldman. I know you testified, and you said that you2043saw one example or a couple of examples of parents who had2044abused children being allowed in their hospital rooms.2045Therefore, even though you knew that you should report to child2046protective services, you decided unilaterally that it would be2047worthless so you weren't going to follow the proper procedures.2048Is that right?2049    Dr. Haim. Yes, CPS had proven ineffective to protect--2050    Mr. Goldman. Proven? Proven to who?2051    Dr. Haim. To me.2052    Mr. Goldman. To you. I see. You get to put your own2053judgment in, instead of the parents, instead of child2054protective services, or instead of the government, whatever you2055think you get to do--``Well, they're not going to be good; so2056I'm going to go to a journalist.'' Now, you are trying to call2057yourself a whistleblower.2058    Let me ask you, you said something else I found something--2059or maybe it was Mr. Lytle. Before you went to Mr. Rufo with2060this information, did you try to reach out to the Texas2061Attorney General?2062    Dr. Haim. Yes, sir.2063    Mr. Goldman. That's Ken Paxton, right?2064    Dr. Haim. Uh-huh.2065    Mr. Goldman. Who has been leading the charge against2066gender-affirming care, correct?2067    Dr. Haim. Yes.2068    Mr. Goldman. I have an article here that you wrote in2069January 2024, to defend yourself. You don't say anywhere in2070here that you tried to reach out to the Texas Attorney General.2071    Dr. Haim. Yes.2072    Mr. Goldman. Which is true? The article or what you're2073testifying to here today?2074    Dr. Haim. I am testifying here today that we reached out to2075Ken Paxton's office before the story was released in May 2023.2076    Mr. Goldman. You didn't hear back.2077    Dr. Haim. No.2078    Mr. Goldman. I have a unanimous consent request. I would2079like to introduce this article, written by Eithan Haim, here:2080``Not on My Watch.'' It's Eye on the News, Social Order2081Healthcare, dated January 12, 2024.2082    Mr. Roy. Without objection.2083    Mr. Roy. I will now recognize myself for five minutes. We2084had, as I mentioned earlier, a witness last year named Chloe2085Cole--I have become friends with and come to know--who2086testified here. She is one example of many of people that I2087have met and come to know through her and through others.2088    In her testimony--this is similar testimony; it wasn't the2089exact testimony she gave here--she mentions that she is a2090detransitioned 18-year-old woman. Now, this is older. This is I2091think last year--from California who went through the process2092of medical transition between the ages of 12-16.2093    Then, she goes through and describes how it happened, how2094she was pushed by social media, and how she was pushed by2095medical personnel to go down that road. She goes here and2096explains because--this is relevant. I am going to ask a2097question about what Children's Hospital was up to in Texas. She2098said, quote,20992100        I am suffering a multitude of complications from the blockers,2101        from the cross-sex hormones, and the surgery.21022103She had a double mastectomy.21042105        My quality of life is still being impacted to this day. I had2106        puberty blocked when I was already about four years in. I2107        started experiencing some menopause-like symptoms, severe hot2108        flashes, and itching all over my body. This went away after I2109        stopped taking them. But I still have joint pains and shooting2110        pains in my spine.21112112        During a consultation for testosterone, I was told by my2113        endocrinologist that I would experience vaginal atrophy. I was2114        not informed that this atrophy actually affects the rest of the2115        organs in the pelvic region.21162117She goes on to explain more, that she, ``would not be unable to2118breastfeed.'' It's horrific. It's absolutely horrific.2119    What I want to point out is that--one of my colleagues said2120on the other side of the aisle. I think he was asking you, Dr.2121Haim, about whether or not Children's Hospital was engaging in2122surgery. I wanted to just speak really quick to your allegation2123that Children's Hospital was continuing to engage in puberty2124blockers even after what was happening on the Texas--with2125respect to the law in Texas.2126    Dr. Haim. Oh, yes, they were absolutely doing the surgeries2127after they said they were not doing it.2128    Mr. Roy. They were doing puberty blockers and surgeries?2129    Dr. Haim. The puberty blockers are surgery. Implanted2130devices into the child.2131    Mr. Roy. Right. That was absolutely happening. That's your2132testimony?2133    Dr. Haim. Absolutely. There's evidence of that.2134    Mr. Roy. Ms. Sivadge, can you explain in a little bit more2135detail about why that is so horrific?2136    Ms. Sivadge. Absolutely. There are so many harmful effects2137from implanting puberty blocking devices and administering some2138form of testosterone or estrogen therapies to children. Some of2139those effects include ovarian atrophy where prolonged2140testosterone--taking prolonged testosterone for a female will2141result in ovarian atrophy, which ultimately results in2142menstrual irregularities and then a cessation of the menses,2143ultimately culminating in infertility, the inability to2144conceive and to have children.2145    Mr. Roy. Mr. Lesley, a quick question of your work. I'm2146going to try to ask some quick questions. I have got limited2147time. Do you believe the government should intervene when2148parents refuse to provide their minor children with access to2149gender dysphoria treatment?2150    Mr. Lesley. My first focus, we believe that medical2151decisions should be made by doctors, parents, and children.2152    Mr. Roy. Right. Yes or no, if the parents don't want to do2153it, should doctors be able to intervene?2154    Mr. Lesley. Doctors, parents, and children should make2155medical decisions based on best practices?2156    Mr. Roy. If the doctors are trying to do it without the2157parents and the parental consent, should they be able to do it?2158    Mr. Lesley. Parents and children should be involved in all2159medical decisions.2160    Mr. Roy. Involved. Should the parents be making the2161decision with the child?2162    Mr. Lesley. Yes, in conjunction with doctors, though like2163not--2164    Mr. Roy. All right. If the parents don't agree to do it,2165does that constitute child abuse?2166    Mr. Lesley. There are cases where there's medical neglect,2167but that's not my expertise. What I'm telling you--2168    Mr. Roy. Well, is it true that you published a column2169stating the following in one article, that, quote,21702171        On the other hand, children are less powerful than adults and2172        are particularly vulnerable for physical, emotional, and sexual2173        abuse, but also abuse of power by parents.21742175In another article, April 25, 2021, you published an article2176stating,21772178        There is no doubt that children need the support and protection2179        of parents. But children also sometimes need protection from2180        actions by parents and government that threatened their health,2181        education, safety, and well-being.21822183In other words, do you think it's abusive if parents choose not2184to pursue this path? Yes or no?2185    Mr. Lesley. The path of gender dysphoria or generally?2186Because what I was talking about in those columns were things2187like abuse and neglect, had to with what Dr. Haim talked about2188was think like--he testified that there's intentional2189starvation, cigarette burns, and those kinds of things he sees2190that the parents are still in the room.2191    I agree with him that, in those sorts of cases, we should2192actually have protections for kids.2193    Mr. Roy. Do you have questions?2194    I would like to insert into the record an article by Mr.2195Lesley: ``How Parental Rights Bill Threatens the Health,2196Education, and Safety of Children.'' Another article by Mr.2197Lesley: ``Governor DeSantis Should Veto Florida's Tragically2198Flawed So-Called Parents' Bill of Rights.'' A number of Tweet2199threads by Mr. Lesley on the same topic. Then, a First Focus2200Campaign for Children letter that I believe that Mr. Lesley2201authored, dated January 12, 2024, to Tim Scott and Virginia2202Foxx on similar topics.2203    Without objection.2204    I'll now recognize the Ranking Member.2205    Ms. Scanlon. Thank you, Mr. Chair.2206    Ms. Sivadge, you issued some opinions here about the2207proprietary of care for gender dysphoria. Now, you're a2208pediatric nurse. Is that correct?2209    Ms. Sivadge. Yes.2210    Ms. Scanlon. You have a bachelor's in nursing?2211    Ms. Sivadge. I do.2212    Ms. Scanlon. You received that when, 21-ish?2213    Ms. Sivadge. When did I graduate?2214    Ms. Scanlon. Yes.2215    Ms. Sivadge. In 2015.2216    Ms. Scanlon. In 2015, OK. As you described your job, you2217were working as a clinic nurse, where your duties were2218refilling prescriptions, acting as a liaison between doctors2219and parents, and obtaining insurance authorization. Is that2220correct?2221    Ms. Sivadge. Yes.2222    Ms. Scanlon. OK. You don't have a medical degree. Is that2223right?2224    Ms. Sivadge. I have a nursing degree.2225    Ms. Scanlon. Right, but you don't have a medical degree,2226correct?2227    Ms. Sivadge. No.2228    Ms. Scanlon. You don't have a psychological degree?2229    Ms. Sivadge. I have commonsense.2230    Ms. Scanlon. OK. You don't have a license to practice as a2231psychologist, a psychiatrist, or a doctor. Correct?2232    Ms. Sivadge. I know the difference between right and wrong,2233yes, ma'am.2234    Ms. Scanlon. You do not have those things. OK. Moving right2235along.2236    Mr. Lesley, you testified earlier that child poverty is2237rising. We know that's happened since the elimination of the2238expanded tax credit. Will Republican budget cuts make that2239problem worse?2240    Mr. Lesley. Depending on what things we see in the2241aftermath of the budget resolution, absolutely, depending on2242what kinds of cuts. We're very concerned what we're seeing is2243that they may be disproportionate to kids.2244    Ms. Scanlon. That's the kinds of cuts you talked about2245earlier with respect to SNAP, WIC, and Medicaid, which is2246funding CHIP for Children's Health Insurance?2247    Mr. Lesley. Absolutely. The Children Health Insurance2248Program was a bipartisan piece of legislation that is2249universally supported by Democratic and Republican Governors2250across this Nation. The polling in America shows that it is the2251most popular, and people strongly oppose cutting CHIP.2252    Ms. Scanlon. I have had a longtime concern about children's2253hunger.2254    Mr. Lesley. Yes.2255    Ms. Scanlon. SNAP has been proven over decades to a really2256effective way of alleviating hunger, as have school lunches and2257school breakfasts. We've already seen cuts from this2258administration eliminating millions and millions of dollars2259that go toward school lunches. Now, we're faced with a budget2260proposal that is, by necessity, to meet its parameters, going2261to end up cutting SNAP and WIC. Can you talk about the impact2262of that on children?2263    Mr. Lesley. Absolutely. The SNAP beneficiaries are2264proportionately children, and the SNAP basically prevents2265children from going to bed at night hungry. Some of the summer2266meals programs, those things are also being targeted. It is2267enormously important to reduce child poverty as well--huge2268ramifications for families.2269    I testified earlier, my parents were educators, and they2270would speak often about kids coming to school hungry, and they2271had a food drawer, both of them. They would give kids food2272because kids would come to school hungry. You can't learn when2273you're hungry.2274    Ms. Scanlon. Yes, the image of a kid going to bed hungry,2275it tugs at the heart strings. With having spent a significant2276amount of time in public schools, kids who come to school2277hungry absolutely don't learn. Are we seeing child hunger on2278the rise right now?2279    Mr. Lesley. We are seeing child hunger on the rise. It has2280more than doubled since 2021.2281    Ms. Scanlon. Another longtime concern that I've had has to2282do with gun violence. School shootings. The absolute2283proliferation of weapons on our streets. You testified earlier2284that it is that gun violence is now the number one killer of2285children under 19, both through suicide and through homicide.2286    We've already seen this administration cut community2287violence prevention and gun safety grants to our cities and2288communities, which actually had seen a reduction in gun2289violence since the peak in 2021. Can you talk about what budget2290cuts would mean with respect to reducing gun violence and child2291mortality?2292    Mr. Lesley. Yes, I hope that we all agree that we should do2293all we can to do prevention. Those grants are prevention2294grants. They're not gun control grants. They're grants to try2295to reduce--to improve prevention services. That's something2296that hopefully is a very bipartisan thing.2297    Ms. Scanlon. Another thing that hit the news over the last2298week was the fact that DOGE and the administration fired2299everyone at the Federal Government, all 15 people who2300administered the LIHEAP program. The LIHEAP provides emergency2301funding to heat homes in the winter or cool them when it gets2302so hot in the summer.2303    So, with no one there to administer the program, the2304remaining $400 million for this year and whatever isn't cut2305from the budget last year can't go out.2306    What does a cut to the LIHEAP do to kids?2307    Mr. Lesley. Oh, it's huge. I grew up, as I said earlier, in2308El Paso, Texas. It's in the middle of the desert. It gets to be2309over 110 degrees. My wife is from the State of Maine. It gets2310freezing up here. The same thing. Her family's in the home2311heating and oil business.2312    The LIHEAP is huge for no matter what end of the country2313you live in.2314    Ms. Scanlon. Lifesaving, I would argue.2315    Mr. Lesley. Yes.2316    Ms. Scanlon. I really want to thank you for your testimony,2317and I yield back,2318    Mr. Roy. I would ask for a unanimous consent request to2319enter into the record a copy of the superseding indictment that2320was referenced earlier to recognize that there are a number of2321changes in that superseding indictment, that it dropped the2322mistaken claim that it published HIPAA-protected information2323obtained by Dr. Haim; counts 2-4, no longer contain the false2324charge that Dr. Haim did obtain or wrongfully disclose HIPAA-2325protected information. It no longer alleges that Dr. Haim2326requested remote access so he could discreetly, covertly access2327pediatric patient files, and a number of other changes in the2328superseding indictment, acknowledging the extent to which the2329original indictment was flawed and based on false claims.2330    Mr. Roy. With that, I will now recognize my good friend,2331Mr. Onder.2332    In doing so, without getting too personal, we're all2333humans, and we all have a lot of things going on, and we're all2334praying for you and wishing you very well.2335    Mr. Onder. Thank you, Mr. Chair.2336    Mr. Roy. I recognize you for five minutes.2337    Mr. Onder. Thank you, Mr. Chair. I want to thank the Chair2338for holding this important hearing.2339    As a physician, I want to personally thank you, Dr. Haim2340and Ms. Sivadge, for having the courage to come forward.2341    While many doctors push these experimental procedures on2342children, you and I both know that many others have been2343pressured to comply or resign due to their refusal to knowingly2344harm children in the way that we're talking about here today.2345    I personally know someone who was a Chair of Endocrinology2346at a major medical center who had to resign from his position2347because he wouldn't go along with the transgender madness that2348we're seeing today.2349    Whistleblowers like you should be applauded as heroes, not2350the subject of Federal investigations. One whistleblower who I2351believe we're all familiar with in Missouri, Jamie Reed, came2352forward about the blatant disregard for children. She was a2353true believer. She was a truly believer. She thought she was2354doing good by these so-called transgender children.2355    She was working at the Washington University Transgender2356Clinic at St. Louis Children's Hospital. The Washington2357University happens to be my alma mater. I have been aware of2358this clinic and advocated for its closure for years.2359    That's why one of the first bills I introduced when I came2360to Congress was H.R. 2387, the No Harm Act, because we as2361doctors take an oath to do no harm.2362    I wanted to--do you pronounce as Ms. Sivadge?2363    Ms. Sivadge. Yes.2364    Mr. Onder. Sivadge, yes. It's ironic some of my Democratic2365colleagues today are talking a lot about hypothetical reforms2366to Medicaid and so on. As long as we're on the subject of2367Medicaid, let's talk about it. I'm a physician. I have taken2368Medicaid patients for over 30 years.2369    I appreciate your courage in exposing Medicaid fraud2370because we know these transition medications and procedures are2371expensive. It's--you're doing a great service. You did a great2372service both to the taxpayers in Texas and, of course, the2373children and the family and to all of us by exposing prohibited2374Medicaid coverage of transition procedures diagnosing children2375with hormone deficiencies instead of gender dysphoria.2376    Another game they play is regarding puberty blockers2377diagnosing precocious puberty when, in fact, these drugs were2378being used as kind of chemical castration drugs to block2379puberty.2380    I will have to say I treated children for 30 years in my2381practice, not endocrinology but in a field where I saw lots of2382kids. I don't think I ever saw a kid with precocious puberty on2383his or her chart, and yet in some places.2384    Tell me a little bit, what was going on? They were2385downright putting the wrong ICD-10 code in these patients'2386charts?2387    Ms. Sivadge. Yes. Thank you for that question.2388    Yes, Texas Children's Hospital, through two particular2389doctors, were intentionally misdiagnosing patients, and I saw2390this with my own eyes. They were, for example, labeling a male2391with a testosterone deficiency to administer testosterone. They2392would do this because, on the medical chart, they would put the2393preferred gender identity of the patient and not the biological2394sex.2395    This makes it very difficult to detect fraud for any2396insurance company who gets the billing code. It's very2397difficult to distinguish what is actually happening.2398    Mr. Onder. Right. What I have here behind me are charts,2399hormone therapy and puberty blockers, where the gender, the2400diagnosis gender dysphoria was actually the reason for2401treatment. These are cases where the correct diagnosis code,2402the correct ICD-10 code, was used in children ages 6-17.2403    If we take into account fraud, where hormone deficiency or2404precocious puberty is used, these bar graphs would be far2405greater. Quite a few children are being treated inappropriately2406with these drugs.2407    Dr. Haim, I've been reading your story and following you.2408I'm running short on time. I just want to say I cannot imagine2409the courage that you and your wife, by the way, thank goodness2410your wife was an attorney and counseled you because you know2411what would have happened? You would have made some2412misstatements that they would have taken out of context, and2413you would be in prison today for, quote, ``lying to a Federal2414agent.''2415    You illustrated great courage. You did not violate HIPAA.2416There are HIPAA violations all the time that are never2417prosecuted. They came down on you because you were standing up2418for kids.2419    God bless you, and I'm proud to have you as a fellow member2420of my profession.2421    Dr. Haim. I appreciate that. Thank you so much.2422    Mr. Onder. Thank you.2423    Mr. Roy. The gentleman's time has expired.2424    Mr. Onder. I yield back.2425    Mr. Roy. I appreciate that. I'll now recognize, once I give2426him a little second here to get seated, my friend from Texas,2427Mr. Gill.2428    Mr. Gill. Thank you, Mr. Chair, and thank you for holding2429this hearing today.2430    In foreign countries, we refer to gender reassignment2431surgeries as child genital mutilation. In the U.S., we have a2432much more medicalized and sterile terminology that we use of2433gender reassignment surgery. It's utterly barbaric. Thankfully,2434we have a President who is serious about ending it.2435    Dr. Haim, thank you so much for being here. We really2436appreciate all the work that you have done and your bravery2437throughout this process.2438    I'd like to ask you a few questions. There is a far-Left2439organization, and it's known as the Campaign for Southern2440Equality, and it publicly posts a fact sheet with commonly used2441insurance codes.2442    The group claims that, quote, ``This information can help2443provide, guide providers about insurance codes for trans2444healthcare that are commonly accepted and rejected.''2445    Are you aware of this fact sheet?2446    Dr. Haim. I am aware.2447    Mr. Gill. You are. Could you explain maybe a little bit2448about the sheet and what it's commonly used for?2449    Dr. Haim. This is really important because, when you type2450in ``gender-affirming care diagnosis codes,'' on Google, this2451is one of the top search results. What this document does is2452inform doctors at these clinics how to get insurance companies,2453whether private or government, to cover interventions without2454revealing that it's being used for gender dysphoria, right.2455    How do you do a mastectomy, but the bill an insurance2456company and not raise any red flags. For example, if it's2457happening in a Red State, right, well, you bill it as breast2458reduction instead of a mastectomy, right.2459    If you have a girl, right, like a 14-year-old girl who you2460want to prescribe testosterone for, quote,24612462        Gender-affirming care, you put a ``male sex'' in the medical2463        chart and then you prescribe testosterone for testosterone2464        deficiency.24652466The only thing the insurance company sees is ``male2467testosterone deficiency.'' No red flags are raised. They don't2468know that they're getting defrauded.2469    This guide is essentially a template for how to commit2470medical fraud. We should all remember this is something that2471people go to prison for. This is a major deal. They have entire2472departments at hospitals for this.2473    Mr. Gill. That's right. This is a way of guiding doctors of2474how to defraud insurance companies. Is that correct? How to lie2475to them?2476    Dr. Haim. That's what it says in an other language, right,2477they try and dress it up and make it sound nice, but that's2478what they're saying.2479    Mr. Gill. This is something that could and likely is being2480used to subvert the President's Executive Order. Is that right?2481    Dr. Haim. Yes. It's my suspicion this is happening all over2482the country, especially in Red States.2483    Mr. Gill. In your time in the medical field, have you seen2484this tactic being used to defraud insurance companies or to2485misrepresent surgeries that are being done?2486    Dr. Haim. In my personal practice, no. No, because it's2487such a big deal. Everything you do has to be by the books.2488Everything you write on a medical chart has to be true. It has2489to support a certain diagnosis. That diagnosis has to be2490related to a treatment. If there is any break in that link,2491that's a big problem. People go to prison for that.2492    Mr. Gill. Have you ever heard of a healthcare provider2493using some of these tactics or using a wrong insurance code?2494    Dr. Haim. I've heard about it, and those people are in2495prison.2496    Mr. Gill. You suspect, to be clear, that this is currently2497a recurrent practice?2498    Dr. Haim. Yes. There's a few cases in Texas where the2499Attorney General in Texas, of course, this is before2500litigation; We have to remember that people are innocent until2501proven guilty. He brought three doctors in Texas up for2502violating SB14, right, for this similar scheme, which has been2503outlined in his suits against them, where they are using false2504diagnoses and then misrepresented sexes to bill insurance2505companies to conceal, quote, ``gender-affirming care in Texas2506after the passage of SB14.''2507    Mr. Gill. Thank you, Dr. Haim. I'd like to yield the2508remainder of my time to the Chair.2509    Mr. Roy. I appreciate my friend from Texas. I appreciate2510the witnesses.2511    Ms. Sivadge, earlier, your credentials as a nurse were2512challenged with respect to your ability to make the2513observations you came here to testify. Would you like to2514respond to that?2515    Ms. Sivadge. I would, yes. The sterilization and the2516medicali-2517zation of children is not lifesaving in the same way that the2518dismemberment of the unborn in the womb is not healthcare. That2519does not take a person with credentials to recognize that.2520    Mr. Roy. Thank you, Ms. Sivadge.2521    I appreciate the witnesses.2522    That concludes today's hearing. We thank the witnesses for2523appearing before the Subcommittee.2524    Without objection, all Members will have five legislative2525days to submit additional written questions for the witnesses2526or additional materials for the record.2527    Without objection, this hearing is adjourned.2528    [Whereupon, at 5:09 p.m., the Subcommittee was adjourned.]25292530    All materials submitted for the record by Members of the2531Subcommittee on the Constitution and Limited Government can2532be found at: https://docs.house.gov/Committee/Calendar/ByEvent2533.aspx?EventID=118128.25342535                                 [all]