A former health care worker, Trent Russell, has been sentenced to two years in prison for illegally accessing the health records of Supreme Court Justice Ruth Bader Ginsburg before her death. Russell, who worked as a transplant coordinator for the Washington Regional Transplant Community, had access to hospital records all over the region. He was convicted of illegally accessing health care records and destroying or altering records.
Russell was also charged with publishing the information on the internet in 2019, along with a false claim that Ginsburg had already died. However, the jury acquitted him on that count. Prosecutors revealed that Russell disclosed the health records on forums that trafficked in antisemitic conspiracy theories, including conspiracy theories that Ginsburg was dead.
During the trial and sentencing hearing, it was openly acknowledged that Ginsburg was the victim of the privacy breach. Prosecutors argued that her high public profile, age, and illness made her a particularly vulnerable victim. Russell’s lawyer, on the other hand, argued that Ginsburg’s high office and the power that comes with it make her the opposite of vulnerable.
Russell’s excuses and refusal to accept responsibility for his actions drew criticism from prosecutors, who sought a 30-month sentence. His lawyer sought a sentence of probation or home detention, citing Russell’s work saving lives as a transplant coordinator and his military record as mitigating factors.
U.S. District Judge Michael Nachmanoff handed down a 24-month sentence to Russell, calling his conduct “truly despicable.” Nachmanoff criticized Russell for lying to investigators and on the witness stand, noting that Russell even blamed his cat for accessing Ginsburg’s data.
In issuing the sentence, Nachmanoff took into account the fact that Russell has a sick step-parent who might need care. The judge pointed out the irony that the details of the step-parent’s health problems are under seal, unlike the sensitive health information Russell did not provide to Justice Ginsburg.
Russell and his lawyer declined to comment on whether they plan to appeal after Thursday’s hearing. The court records in the case are carefully redacted to remove any reference to Ginsburg, but all sides openly acknowledged her as the victim of the privacy breach.
