Maine refuses to comply with DOJ subpoena for trans prisoner’s confidential records

Maine is fighting a Justice Department subpoena seeking confidential prison records involving a transgender woman housed in a women’s correctional facility.The Maine Attorney General’s Office filed a motion Monday in federal court saying the state prison system cannot turn over the records without a judge’s order because Maine law treats inmate medical, administrative and investigative records as confidential, according to the Portland Press Herald. The records sought by the federal government include information related to Andrea Balcer, a transgender woman incarcerated at the Maine Correctional Center in Windham.The Justice Department sent the subpoena June 15, seeking all grievances related to Balcer, along with responses and investigative materials from the Maine Department of Corrections, the Press Herald reported. Federal officials also sought Balcer’s prison records, including housing decisions, as well as records involving one inmate who had complained about her. State attorneys said in the filing that it is “possible that USDOJ will seek additional records from MDOC as the investigation progresses.”Related: Justice Dept. pulls 'nonessential' funds from Maine prison system over trans inmate housed with womenUnder Maine law, “orders of commitment, medical and administrative records, applications and reports” about incarcerated people are confidential. The Press Herald reported that the protected records would include medical and mental health information and investigative files under the Prison Rape Elimination Act. If a judge orders Maine to comply, the state is asking for a confidentiality order barring the Justice Department from publicly disclosing private information.The subpoena stems from a March Justice Department investigation into Maine’s policy of housing transgender incarcerated people in facilities aligned with their gender identity. The department also opened an investigation into California’s prison policies at the same time