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THE DARK DIRTY LITTLE SECRET IN THE DOJ'S RETOOLING OF THE CONSUMER PROTECTION BRANCH: IT'S NOW A WEAPON
First, before we go any further, I need to tell you that the Courts are already fighting back against what I’m about to tell you. In fact, remember a few days ago when I told you about a DO(in)J subpoena being quashed? That was this.
Now, let me introduce you to a branch of the DOJ that was known as the Consumer Protection Branch. Note that I said “was”, that’s important.
Up through at least late 2024 here is what the DOJ website said about the Consumer Protection Branch (CBP):
"The Consumer Protection Branch leads Department of Justice efforts to enforce laws that protect Americans’ health, safety, economic security, and identity integrity. To accomplish its mission, the Branch brings both criminal and affirmative civil enforcement cases throughout the country. The Branch uses its strong relationships with U.S. Attorneys’ Offices and investigative agencies, expertise with complex litigation, and nationwide reach to respond nimbly to emerging consumer threats. Areas of enforcement focus for the Branch include:
Pharmaceuticals and Medical Devices
Food and Dietary Supplements
Consumer Product Safety and Tampering
Class Action Fairness Act
Complex Consumer Fraud
Deceptive Practices, Telemarketing, and Data Privacy
U.S. Servicemembers and Veterans Fraud
Tobacco Products"
In September of 2025 the DOJ formed a new branch, the Enforcement & Affirmative Litigation Branch (EALB) and dissolved the Consumer Protection Branch, borging it into the EALB.
And here’s the dark, dirty little secret: The DOJ has essentially weaponized what once was a division charged with protecting consumers (the Consumer Protection Branch), and turned it into an aggressive litigation machine, aimed right at their favourite pet enemy causes.
The subpoena that we discussed a few days ago in the Motion to Quash involved a supoena that the EALB served on Rhode Island Hospital (included for Notes from the Front members). Instead of complying the hospital filed the Motion to Quash.
In response to the Motion to Quash the DOJ filed a declaration (like an affidavit) of one Lisa K. Hsiao (included for Notes from the Front members), who says that she is “the Acting Director of the Enforcement and Affirmative Litigation Branch”. Here, among other things, is what she has to say:
"EALB’s Enforcement Section (“ES”) is the successor to the Consumer Protection Branch (“CPB”) and is vested with CPB’s legal authorities, including handling investigations and litigation arising under federal statutes that protect consumers’ health, safety, economic security, and identity integrity. ES, as the successor to CPB, is authorized to oversee and conduct all civil and criminal matters arising under the Federal Food, Drug, and Cosmetic Act.
EALB-ES is currently conducting an investigation of potential violations of the Food, Drug, and Cosmetic Act (FDCA) relating to the on- or off-label use by manufacturers and distributors of drugs, including puberty blockers, sex hormones, or any other drug used to facilitate a child's so-called “gender transition.” "
And then, further down:
"In December, 2025, the Assistant HHS Secretary for Health, Admiral Brian Christine, M.D., issued a public health message to healthcare providers stating that: “Current evidence does not support claims that puberty blockers, cross-sex hormones, and surgeries are safe and effective treatments for pediatric gender dysphoria … Healthcare providers caring for children and adolescents with gender dysphoria should refuse to provide puberty blockers, cross-sex hormones, or surgical interventions to children and adolescents, as these treatments pose unnecessary and disproportionate risks of harm with insufficient evidence of benefit.” The Government is also aware of other major scientific publications and national health authorities that have questioned the strength and quality of the evidence base for the efficacy of puberty blockers and other medical interventions to treat youth for gender dysphoria."
And it goes on, it's 19 pages, but you get the idea.
That supoena demanded, among other things, that Rhode Island Hospital turn over any and all documents including, and here I quote directly from the Subpoena:
"11. Documents sufficient to identify each patient (by name, date of birth, social security number, address, and parent/guardian information) who was prescribed puberty blockers or hormone therapy.
12. For each such patient identified in Subpoena specification 11, supra, documents relating to the clinical indications, diagnoses, or assessments that formed the basis for prescribing puberty blockers or hormone therapy.
13. All documents relating to informed consent, patient intake, and parent or guardian authorization for minor patients identified in Subpoena specification 11, supra, including any disclosures about off-label use (i.e., uses not approved by the United States Food and Drug Administration) and potential risks."
As I said, fortunately the Court granted the Emergency Motion to Quash the subpoena, and enjoined the DOJ from accessing those records (the 24-page order of the Court included for Notes from the Front members), saying "What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children."
The Court also found that the "DOJ has proven unworthy of this trust at every point in this case. It has misrepresented and withheld information" to the Court, and "It did so in an obvious effort to shield its recent investigative tactics - previously rejected by every other court to review them - from this Court’s review..." and that "The presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word - with little doubt about its intentions and stated purposes - no longer holds."
The bottom line - that dirty, dark little secret (anybody else hearing the chorus to "Dirty Deeds Done Dirt Cheap" in their heads?) - is that the DOJ has weaponized what was a branch of the DOJ created to protect consumers, and has instead aimed that weapon squarely at those who oppose the public policies of this administration.
Notes from the Front members: The Subpoena, the Declaration of the EALB person, and the Court's order (it's a delight) are in your inbox now!
If you're not a Notes from the Front member this document is a great reason to join! For just $5 a month you can stop relying on this platform's algorithms to show you my updates and get the included documents! And help keep me in that sweet elixer of productivity, coffee! :~) Join here now:
https://annepmitchell.substack.com/p/the-dark-secret-in-the-dojs-retooling
Don't have the $5? You can also ensure that you never miss an update by getting them directly in your inbox for free (yes really) by signing up for my Notes from the Front Lite - it's like Notes from the Front but without the documents and coffee. You can sign up for that here (it really is completely free, no ads, no spam, just also no documents or private chats): https://notesfromthefront.fyi
New by popular demand: Many of you have asked how you can support my work without subscribing to my $5 Substack (thank you for asking! ❤️), here's how: https://www.annepmitchell.com/buy-anne-a-coffee/
P.S. If you actually read all the way to the bottom please leave a comment that includes the word "AC/DC". It will show me that my efforts aren't in vain and that people actually do read these things, and it will drive those who just skim crazy wondering just why everyone is talking about a classic rock band! ;~)
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THE DARK DIRTY LITTLE SECRET IN THE DOJ'S RETOOLING OF THE CONSUMER PROTECTION BRANCH: IT'S NOW A WEAPON
First, before we go any further, I need to tell you that the Courts are already fighting back against what I’m about to tell you. In fact, remember a few days ago when I told you about a DO(in)J subpoena being quashed? That was this.
Now, let me introduce you to a branch of the DOJ that was known as the Consumer Protection Branch. Note that I said “was”, that’s important.
Up through at least late 2024 here is what the DOJ website said about the Consumer Protection Branch (CBP):
"The Consumer Protection Branch leads Department of Justice efforts to enforce laws that protect Americans’ health, safety, economic security, and identity integrity. To accomplish its mission, the Branch brings both criminal and affirmative civil enforcement cases throughout the country. The Branch uses its strong relationships with U.S. Attorneys’ Offices and investigative agencies, expertise with complex litigation, and nationwide reach to respond nimbly to emerging consumer threats. Areas of enforcement focus for the Branch include:
Pharmaceuticals and Medical Devices
Food and Dietary Supplements
Consumer Product Safety and Tampering
Class Action Fairness Act
Complex Consumer Fraud
Deceptive Practices, Telemarketing, and Data Privacy
U.S. Servicemembers and Veterans Fraud
Tobacco Products"
In September of 2025 the DOJ formed a new branch, the Enforcement & Affirmative Litigation Branch (EALB) and dissolved the Consumer Protection Branch, borging it into the EALB.
And here’s the dark, dirty little secret: The DOJ has essentially weaponized what once was a division charged with protecting consumers (the Consumer Protection Branch), and turned it into an aggressive litigation machine, aimed right at their favourite pet enemy causes.
The subpoena that we discussed a few days ago in the Motion to Quash involved a supoena that the EALB served on Rhode Island Hospital (included for Notes from the Front members). Instead of complying the hospital filed the Motion to Quash.
In response to the Motion to Quash the DOJ filed a declaration (like an affidavit) of one Lisa K. Hsiao (included for Notes from the Front members), who says that she is “the Acting Director of the Enforcement and Affirmative Litigation Branch”. Here, among other things, is what she has to say:
"EALB’s Enforcement Section (“ES”) is the successor to the Consumer Protection Branch (“CPB”) and is vested with CPB’s legal authorities, including handling investigations and litigation arising under federal statutes that protect consumers’ health, safety, economic security, and identity integrity. ES, as the successor to CPB, is authorized to oversee and conduct all civil and criminal matters arising under the Federal Food, Drug, and Cosmetic Act.
EALB-ES is currently conducting an investigation of potential violations of the Food, Drug, and Cosmetic Act (FDCA) relating to the on- or off-label use by manufacturers and distributors of drugs, including puberty blockers, sex hormones, or any other drug used to facilitate a child's so-called “gender transition.” "
And then, further down:
"In December, 2025, the Assistant HHS Secretary for Health, Admiral Brian Christine, M.D., issued a public health message to healthcare providers stating that: “Current evidence does not support claims that puberty blockers, cross-sex hormones, and surgeries are safe and effective treatments for pediatric gender dysphoria … Healthcare providers caring for children and adolescents with gender dysphoria should refuse to provide puberty blockers, cross-sex hormones, or surgical interventions to children and adolescents, as these treatments pose unnecessary and disproportionate risks of harm with insufficient evidence of benefit.” The Government is also aware of other major scientific publications and national health authorities that have questioned the strength and quality of the evidence base for the efficacy of puberty blockers and other medical interventions to treat youth for gender dysphoria."
And it goes on, it's 19 pages, but you get the idea.
That supoena demanded, among other things, that Rhode Island Hospital turn over any and all documents including, and here I quote directly from the Subpoena:
"11. Documents sufficient to identify each patient (by name, date of birth, social security number, address, and parent/guardian information) who was prescribed puberty blockers or hormone therapy.
12. For each such patient identified in Subpoena specification 11, supra, documents relating to the clinical indications, diagnoses, or assessments that formed the basis for prescribing puberty blockers or hormone therapy.
13. All documents relating to informed consent, patient intake, and parent or guardian authorization for minor patients identified in Subpoena specification 11, supra, including any disclosures about off-label use (i.e., uses not approved by the United States Food and Drug Administration) and potential risks."
As I said, fortunately the Court granted the Emergency Motion to Quash the subpoena, and enjoined the DOJ from accessing those records (the 24-page order of the Court included for Notes from the Front members), saying "What this Court holds is that the subpoena itself lacks a congressionally authorized purpose, was issued for an improper purpose, and demands the production of records that cannot be obtained consistent with the constitutional privacy rights of Rhode Island children."
The Court also found that the "DOJ has proven unworthy of this trust at every point in this case. It has misrepresented and withheld information" to the Court, and "It did so in an obvious effort to shield its recent investigative tactics - previously rejected by every other court to review them - from this Court’s review..." and that "The presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word - with little doubt about its intentions and stated purposes - no longer holds."
The bottom line - that dirty, dark little secret (anybody else hearing the chorus to "Dirty Deeds Done Dirt Cheap" in their heads?) - is that the DOJ has weaponized what was a branch of the DOJ created to protect consumers, and has instead aimed that weapon squarely at those who oppose the public policies of this administration.
Notes from the Front members: The Subpoena, the Declaration of the EALB person, and the Court's order (it's a delight) are in your inbox now!
If you're not a Notes from the Front member this document is a great reason to join! For just $5 a month you can stop relying on this platform's algorithms to show you my updates and get the included documents! And help keep me in that sweet elixer of productivity, coffee! :~) Join here now:
https://annepmitchell.substack.com/p/the-dark-secret-in-the-dojs-retooling
Don't have the $5? You can also ensure that you never miss an update by getting them directly in your inbox for free (yes really) by signing up for my Notes from the Front Lite - it's like Notes from the Front but without the documents and coffee. You can sign up for that here (it really is completely free, no ads, no spam, just also no documents or private chats): https://notesfromthefront.fyi
New by popular demand: Many of you have asked how you can support my work without subscribing to my $5 Substack (thank you for asking! ❤️), here's how: https://www.annepmitchell.com/buy-anne-a-coffee/
P.S. If you actually read all the way to the bottom please leave a comment that includes the word "AC/DC". It will show me that my efforts aren't in vain and that people actually do read these things, and it will drive those who just skim crazy wondering just why everyone is talking about a classic rock band! ;~)
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