EFF and attorney Bryan Vroon have asked the U.S. Court of Appeals for the 11th Circuit to reexamine a panel ruling that violated a whistleblower's Fourth Amendment right to privacy in his email communications.
The whistleblower Charles Rehberg uncovered systematic mismanagement of funds at a Georgia public hospital. He alerted local politicians and others to the issue through a series of faxes. A local prosecutor in Dougherty County Ken Hodges conspired with the hospital and used a sham grand jury subpoena to obtain Mr. Rehberg's personal email communications. The prosecutor then provided that information to private investigators for the hospital and indicted Mr. Rehberg for a burglary and assault that never actually occurred. All the criminal charges against Mr. Rehberg were eventually dismissed. Hodges is currently running for Attorney General of Georgia in the Democratic primary.